Bayer claims Covid mRNA vaccines rely on its patented technology.
In a shocking legal development, Bayer and its Monsanto division have filed massive lawsuits against major COVID-19 vaccine manufacturers. The companies claim that the vaccine makers illegally utilized technology that Monsanto originally developed and patented in the 1980s. According to the legal filings, Bayer asserts that Pfizer, its partner BioNTech, and Moderna misappropriated technology Monsanto had engineered to make plants resistant to insects.
Enhancing mRNA stability with agricultural patents
Attorneys for Bayer and Monsanto stated in the lawsuits, filed on January 6 in a U.S. court in Delaware, that Pfizer-BioNTech and Moderna incorporated this specific technology into their doses. The goal was to enhance the stability of messenger RNA (mRNA), thereby improving the vaccines' ability to provide immunity against the virus. While Bayer was not involved in the manufacturing or production of any COVID-19 vaccines, it maintains that its intellectual property was a cornerstone of their success.
Seeking compensation from pandemic profits
The company clarified that it is not seeking to halt the production or sale of COVID-19 vaccines currently on the market. Instead, Bayer argues that the court should award monetary damages, describing the defendants as entities that have profited immensely from patent-infringing sales worldwide. The plaintiffs are seeking a sum yet to be determined, asserting that compensation should, at a minimum, equal a reasonable royalty fee for the use of the patented invention, along with interest and legal costs.
Billions in vaccine revenue at the center of the dispute
According to corporate reports, Pfizer, BioNTech, and Moderna generated billions of dollars from their COVID-19 vaccines throughout the pandemic. For instance, Pfizer reported profits of $11.2 billion in 2023 alone from its vaccine. A spokesperson for BioNTech confirmed to the Epoch Times via email that the company is aware of the infringement lawsuit filed by Bayer and Monsanto but declined to comment further. Moderna also acknowledged the litigation, stating it will defend itself against the claims, while Pfizer has yet to respond to inquiries.
Allegations extend to Johnson & Johnson
In a third lawsuit filed in a New Jersey federal court, Bayer alleged that Johnson & Johnson also infringed upon a patent with its COVID-19 vaccine, despite it not being an mRNA-based formula. The complaint states that the Johnson & Johnson vaccine, which delivered DNA to recipient cells, would not have been effective without the patented sequence and template developed by Bayer. Although the Johnson & Johnson vaccine was withdrawn from the market in 2023, the company has not yet commented on the allegations.
A growing web of vaccine litigation
These new complaints are the latest in a series of legal battles surrounding COVID-19 vaccines. Other lawsuits have already embroiled Pfizer and Moderna, including a separate action brought by Moderna against Pfizer. Notably, a court in England ruled in 2024 that Pfizer had indeed infringed upon a patent held by Moderna, signaling a complex landscape for international patent law in the pharmaceutical sector.
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