Alnylam Pharmaceuticals Inc. filed a complaint against Pfizer Inc. and Pharmacia & Upjohn Co. LLC on Thursday in the District of Delaware, claiming the defendants infringed the plaintiff’s patent regarding a component of the Pfizer COVID-19 vaccine.
According to the complaint, RNA based therapeutics are a promising field of scientific study including direct therapeutics and new generations of vaccines. However, the plaintiff explains that RNA and mRNA are very fragile compounds and frequently need to be buffered or protected in order to reach the targeted cells. The plaintiff developed and patented two lipid nanoparticle (LNP) for this purpose that are cationic and positively charged, the complaint notes. Alnylam asserts that this product is not naturally occurring and is used in four therapeutic products that it produces directly as well as several products arising out of licensing.
The plaintiff alleges that the LNP utilized by Pfizer and Pharmacia in the development and production of the Comirnaty Covid-19 vaccine relies heavily upon and violates the patents that the plaintiff holds for LNP. The plaintiff specifically quotes the defendant’s website: “Without these lipid nanoparticles, in fact, there could be no Pfizer-BioNTech mRNA vaccine.” The plaintiff argues that the chemical formula provided for the LNPs used in the Comirnaty vaccine and the chemical structure depicted in the complaint show direct use of the patented LNPs.
Alnylam specifically states that it is not suing for injunction, noting the extreme importance of the COVID-19 Vaccine, but rather it is suing for damages and for institution of a licensing agreement for the affected patents.
The plaintiff is represented by McDermott Will & Emery.
Additionally, the plaintiff also filed a patent infringement lawsuit against Moderna for the purported use of the same component in its COVID-19 vaccine.
