The Hague local division will host two high‑profile mRNA patent hearings this week, putting GSK’s claims against Moderna, BioNTech and Pfizer under the scrutiny of a three‑judge panel.
GSK’s infringement claims head to The Hague
On 1 September, the panel chaired by Judge Edger Brinkman and joined by Margot Kokke will hear GSK’s allegation that Moderna infringes a European patent covering liposomes with a specific pKa value for RNA delivery. The same judges will reconvene on 3 September for the parallel case against BioNTech and Pfizer.
The primary patent was upheld after an opposition at the European Patent Office, and GSK is now seeking damages and an injunction. The claims also reference two additional filings from July 2025.
Case identifiers are UPC_CFI_616/2025 for the Moderna hearing and UPC_CFI_620/2025 for the BioNTech‑Pfizer hearing. Those docket codes and the dates are the only data points presented in the filing.
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Other mRNA disputes are also before the Unified Patent Court. Arbutus and Genevent have filed claims targeting the Cominarty Covid‑19 vaccine from BioNTech and Pfizer.
The outcome could affect how manufacturers source lipid components for vaccine production.
The hearings follow a series of actions in other jurisdictions. GSK sued BioNTech and Pfizer in Delaware in April 2024 and filed a parallel suit in Ireland. The two companies responded with a revocation action in the UK High Court, though no similar move from Moderna has been reported.
Previously, CureVac, a former partner of GSK, settled its own dispute with BioNTech and Pfizer in July 2022, including a payment of $370 million and a 1 % royalty on U.S. sales. GSK explicitly stated that the settlement does not limit its own enforcement rights, emphasizing that the litigation remains active.
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In the background, the Unified Patent Court aims to provide a single venue for such disputes, but the sheer number of cases highlights the challenges of harmonizing patent law across member states.
Key identifiers include the patent numbers and docket codes mentioned earlier.
The next steps depend on the panel’s written decision, which will address both validity and alleged infringement. Until then, the parties remain in a state of legal limbo, awaiting a ruling that could set precedent for future mRNA technology patents.
