Bayer has filed separate lawsuits against the creators of three COVID-19 vaccines, claiming they violated intellectual property developed by Monsanto, the crop science company the German company acquired a decade ago.
In federal district court in Delaware, Bayer filed one complaint against Moderna and another against partners Pfizer and BioNTech. In U.S. district court in New Jersey, Bayer also is suing Johnson & Johnson.
The lawsuits allege that the defendants used Bayer’s technology in creating their vaccines “to eliminate ‘problem’ coding sequences in the building blocks of cells to improve mRNA stability and the amount or quality of protein produced.”
Pfizer and J&J did not respond to a request for comment. Moderna and BioNTech responded but only to say they were aware of the litigation.
Monsanto filed to protect its intellectual property in 1989, and the U.S. Patent and Trademark Office eventually granted it in 2010, according to the lawsuits. Bayer bought out Monsanto for $66 billion in 2016.
Monsanto initially used the technology to increase the expression of an insect-resistant protein in crops, which reduced the need for pesticide sprays and improved agricultural output, the lawsuits explained.
Instability leading to poor protein expression was a central issue the COVID-19 vaccine makers faced in developing their shots. Solving this helped enhance the vaccines' “ability to confer immunity to the virus,” Bayer wrote in its complaint against Pfizer/BioNTech, adding that the German biotech has “acknowledged that it utilizes codon optimization in its mRNA products.”
While J&J’s COVID shot—which is no longer available—was a traditional viral vector vaccine, it still needed increased mRNA stability for protein expression, according to Bayer.
Bayer is requesting a jury trial and is seeking a cut of the proceeds generated by the vaccines and royalties on future sales. In the case of Pfizer and BioNTech, Bayer said the companies reported more than $93 billion in sales of their vaccine Comirnaty.
Pfizer, BioNTech and Moderna have been embroiled in lawsuits with several other companies claiming infringement of mRNA technology. Five months ago, GSK collected $320 million in a settlement with Pfizer and BioNTech that also involved German vaccine specialist CureVac.
GSK has also sued Moderna on similar claims. And Moderna has filed suit against Pfizer and BioNTech over alleged patent infringement. Several smaller mRNA players have gotten into the mix, as well.