BioNTech has initiated patent infringement litigation against Moderna, contending that the company's next-generation COVID-19 vaccine candidate mNEXSPIKE violates its proprietary domain-based spike protein technology. According to BioNTech's complaint, the disputed technology targets specific domains of the spike protein structure rather than the full protein, a distinction that reportedly enables reduced dosing requirements and enhanced thermal stability—key advantages in vaccine development and distribution.
The German biotech firm alleges that Moderna has neither sought a licensing agreement nor provided compensation for the use of its patented technology. BioNTech is pursuing monetary damages in the action, citing the commercial significance of the underlying intellectual property. The timing of the lawsuit comes as Moderna's COVID-19 vaccine portfolio generated $1.168 billion in revenue during the first nine months of 2025.
The litigation represents a notable intellectual property dispute within the mRNA vaccine sector, an area where multiple companies hold overlapping patent claims. The outcome could establish important precedent regarding domain-specific protein engineering methodologies and their patent protections in vaccine development.