Key Insights
- BioNTech and Pfizer file revocation claims at the UK High Court against three GSK patents, escalating a multi-country mRNA dispute.
- The litigation now spans US, UK, Ireland, and the Unified Patent Court (UPC), making it one of the most expansive global vaccine IP battles.
- Legal giants including Taylor Wessing, Powell Gilbert, and Bird & Bird are steering high-stakes strategies across jurisdictions.
GSK’s Offensive Meets Resistance
GSK launched a sweeping litigation campaign in 2024, targeting BioNTech and Pfizer over alleged infringement of three mRNA-related patents (EP 4 226 941, EP 4 066 856, EP 2 590 626). Despite CureVac’s settlement with BioNTech and Pfizer, GSK continued its offensive at the UPC and in Ireland. The UK High Court action signals that Pfizer and BioNTech are determined to dismantle GSK’s claims.
Multi-Front Legal Battlefield
The dispute now extends across four jurisdictions—Delaware (US), Ireland, the UK, and the UPC’s Dutch division. Dutch judges, known for granting cross-border injunctions, are pivotal to the European proceedings. GSK is simultaneously pursuing actions against Moderna, intensifying competition in the already charged mRNA patent space.
Legal Heavyweights Shape the Fight
Pfizer is represented by Taylor Wessing (UK) and McCann FitzGerald (Ireland), while BioNTech relies on Powell Gilbert (UK) and Hoyng ROKH Monegier (Germany/Netherlands). On GSK’s side, Bird & Bird leads strategy across UPC and Irish proceedings. This alignment of elite IP firms underscores the litigation’s complexity and financial stakes.
Europe’s Defining mRNA Patent Case?
Following setbacks against Moderna at the UK Court of Appeal, BioNTech and Pfizer’s counterattack on GSK could redefine market access for next-generation mRNA platforms. With vaccine revenues exceeding tens of billions globally, the UK High Court’s decision may ripple across innovation, licensing, and future partnerships in the post-COVID biotech landscape.
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