The German chemical and pharmaceutical giant Bayer has filed separate lawsuits against Moderna, Johnson & Johnson (J&J), and the Pfizer-BioNTech partnership. The litigation centers on allegations that these companies utilized proprietary genetic technology developed by Monsanto—a Bayer subsidiary—to manufacture their COVID-19 vaccines without authorization.
Origin and nature of the disputed technology According to court documents, the intellectual property in question stems from a process pioneered by Monsanto in the 1980s, originally intended to enhance pest resistance in agricultural crops.
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Mechanism: The technology allows for the elimination of “problematic” coding sequences within cell building blocks, thereby improving mRNA stability and the quality of protein production.
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Role in Vaccines: Bayer asserts that vaccine developers adopted this method to overcome a primary obstacle in mRNA technology: the inherent instability of RNA molecules and poor protein expression levels.
Legal scope and compensation sought The lawsuits were filed in federal district courts in Delaware and New Jersey. Bayer is seeking a portion of the profits generated by these vaccines—noting that Pfizer/BioNTech’s Comirnaty alone has exceeded $93 billion in cumulative sales—along with royalties on future revenue.
A spokesperson for Bayer emphasized that the company does not intend to restrict the commercial availability of the vaccines but seeks fair compensation for its protected innovations. While Moderna and BioNTech have acknowledged the litigation, Pfizer and J&J have yet to issue official comments.