BioNTech SE (NASDAQ:BNTX) has filed a patent infringement lawsuit against Moderna Inc. (NASDAQ:MRNA), alleging that Moderna's next-generation COVID-19 vaccine, mNEXSPIKE, relies on proprietary technology developed and patented by BioNTech.

Legal Battle Over COVID-19 Vaccine Tech

BioNTech, widely recognized for its partnership with Pfizer Inc. (NYSE:PFE) in delivering the first FDA-approved mRNA COVID-19 vaccine, Comirnaty, claims Moderna is using its patented streamlined vaccine design without authorization.

Thomson Reuters published a copy of the lawsuit online Thursday.

The company asserts that this technology focuses on specific domains of the SARS-CoV-2 spike protein rather than the entire structure, an approach it says produces a strong immune response at lower doses while improving storage stability.

According to the complaint, BioNTech developed this domain-based vaccine concept alongside its pandemic response efforts and secured intellectual property protection through U.S. Patent No. 12,133,899, issued in November 2024.

BioNTech maintains that its research ...