A UK appeals court dealt a significant blow to Pfizer by upholding Moderna’s key mRNA technology patent (EP’949) and confirming Pfizer’s COVID-19 vaccine, Comirnaty, infringed on it. The ruling reinforces an earlier July 2024 decision, marking the first globally binding second-instance verdict favoring Moderna. Pfizer and its German partner did not contest the infringement but unsuccessfully challenged the patent’s validity. The loss extends beyond the UK—a German regional court also confirmed Moderna’s right to damages, while the European Patent Office upheld the patent in opposition proceedings. Moderna’s legal team vowed to enforce its rights worldwide, potentially exposing Pfizer to substantial compensation claims given Comirnaty’s pandemic-era revenue dominance.
Political Headwinds Compound Challenges
Simultaneously, Pfizer faces renewed pressure from Washington as the US administration demands drastic drug price cuts within 60 days from 17 major pharma firms, including Pfizer. The proposal mirrors a failed attempt during the previous term to tie US prices to international benchmarks, though analysts doubt its feasibility due to legal barriers. Market reactions were muted for Pfizer compared to steeper declines in peers, but the dual burden of costly litigation and pricing pressures could erode margins in coming quarters.
