A COVID vaccine patent battle now runs by way of the fields of Eighties crop biotechnology, reaching into the pandemic period with a Monsanto COVID Vaccine Lawsuit.
Bayer’s Monsanto subsidiaries declare Pfizer, BioNTech, Moderna and Johnson & Johnson used patented gene-sequence expertise first developed for genetically modified crops. The businesses allegedly used the strategies to enhance vaccine stability and protein expression. Reuters reported Bayer filed the lawsuits in January in Delaware and New Jersey federal courts.
Monsanto COVID Vaccine Lawsuit
The Monsanto COVID vaccine lawsuit names Bayer CropScience LLC, Monsanto Firm and Monsanto Expertise LLC as plaintiffs within the Pfizer/BioNTech case.
The criticism says the case facilities on U.S. Patent No. 7,741,118. It describes the patent as masking “methodology[s] for modifying structural gene sequences to reinforce expression of the protein product.”
Monsanto researchers David Fischhoff and Fred Perlak developed the expertise whereas engaged on crops proof against bugs and viruses within the Eighties, in accordance with the criticism. Bayer says the researchers discovered that sure “downside sequences” contributed to mRNA instability and poor protein expression in greater organisms.
Bayer’s Monsanto unit already carries years of authorized baggage, together with Monsanto’s long-running authorized controversies over Roundup, earlier than this new COVID vaccine patent battle moved its crop-biotechnology portfolio into the pharmaceutical area.
Pfizer and BioNTech
Bayer alleges Pfizer and BioNTech used the patented methodology in Comirnaty, their COVID-19 vaccine. The criticism says the unique monovalent vaccine eliminated about 100 recognized downside sequences from the COVID-19 spike protein gene to enhance mRNA stability.
Moderna
Moderna faces a separate Delaware lawsuit over Spikevax. Johnson & Johnson faces a separate New Jersey lawsuit over a DNA-based course of utilized in manufacturing its COVID shot, which was not an mRNA vaccine.
The lawsuits don’t accuse the businesses of inflicting vaccine accidents. They concentrate on patent rights.
Bayer says it didn’t develop or promote COVID vaccines. It additionally says it doesn’t search to cease vaccine manufacturing. As a substitute, it seeks cash.
What Bayer Desires
Within the Pfizer/BioNTech criticism, Bayer asks for damages no decrease than “an inexpensive royalty” and seeks an ongoing royalty till the patent expires.
That distinction issues as a result of some experiences targeted on the $93 billion determine. Bayer doesn’t seem to demand $93 billion.
The criticism alleges Pfizer and BioNTech generated greater than $93 billion in world gross sales income from their mRNA COVID vaccines by way of the third quarter of 2025, together with greater than $22 billion in the US. That determine describes alleged vaccine income, not Bayer’s damages demand.
Defendants Deny Claims
The defendants deny the claims.
Bloomberg Legislation reported March 31 that Moderna, Pfizer and BioNTech requested a Delaware federal decide to dismiss Bayer’s lawsuits. Moderna argued the patent claims largely concentrate on plant or insecticidal genes, not human mRNA expertise.
The Bayer instances be part of a widening set of COVID vaccine patent fights.
Reuters reported April 24 that CureVac sued Moderna over mRNA expertise. Reuters additionally famous different corporations, together with Bayer, GlaxoSmithKline and Alnylam, proceed to hunt income shares from COVID vaccine patent claims.
Bayer’s personal historical past provides one other layer. The corporate accomplished its Monsanto acquisition in 2018 for $63 billion, together with debt. That deal introduced collectively Bayer’s crop-protection enterprise and Monsanto’s seeds and traits enterprise.
Now Monsanto’s gene-engineering patent portfolio sits inside one of the crucial worthwhile medical expertise fights of the pandemic period.
The courts nonetheless must resolve whether or not Bayer’s claims match the vaccine applied sciences at challenge. However the Monsanto COVID vaccine lawsuit already raises a bigger query: how a lot of recent manufactured drugs traces again to older genetic engineering work in agriculture?
The instances stay at an early stage. Within the Pfizer/BioNTech case, dismissal briefing runs into June 2026. No trial date seems within the public docket summaries reviewed by NewsBlaze. If the lawsuits survive early dismissal efforts, the battle may proceed by way of discovery, patent-claim hearings and attainable settlement talks earlier than any jury trial.
