GSK and Moderna Resolve Patent Litigation Over COVID-19 and RSV Vaccine Technologies

British pharmaceutical company GlaxoSmithKline (GSK) and US-based Moderna have reached a settlement to resolve patent infringement lawsuits related to Moderna’s COVID-19 vaccines Spikevax and mNEXSPIKE, along with its respiratory syncytial virus (RSV) vaccine mResvia. The companies announced on November 6 that they had settled the litigation in both the United States and Europe as of October 28.

According to a press release issued by Moderna, the settlement includes mutual cross-licenses for patents in the field of infectious diseases. Notably, the agreement does not involve any monetary payments between the parties. This arrangement allows both companies to continue their work on vaccine innovation without the burden of ongoing patent disputes.

A spokesperson for GSK expressed satisfaction with the outcome, stating that the resolution "provides clarity for both companies and enables continued focus on advancing innovation for patients."

Following the settlement, the parties jointly requested that a federal court in Delaware dismiss GSK’s US patent infringement claims with prejudice. This dismissal bars GSK from refiling the same claims, effectively concluding the litigation in that jurisdiction.

The original lawsuit filed by GSK in 2024 targeted Moderna’s use of lipid nanoparticle technology, which is critical for delivering fragile messenger RNA (mRNA) molecules into human cells in the vaccines. This technology has been a focal point in multiple patent disputes involving COVID-19 vaccines.

Separately, GSK has pursued similar patent infringement claims against Pfizer and BioNTech over their COVID-19 vaccine technology. That litigation remains active and unresolved.

These cases form part of a complex network of US court proceedings involving Pfizer, BioNTech, and Moderna, centered on patent royalties and rights related to lipid nanoparticle and mRNA vaccine technologies. Notably, Moderna previously initiated litigation against Pfizer in 2022 over related patent issues.

The settlement between GSK and Moderna is significant in that it resolves contentious patent claims without financial settlements, relying instead on reciprocal licensing. This approach may set a precedent for resolving other disputes in the rapidly evolving field of infectious disease vaccines.

In the broader context, GSK continues to engage in patent actions against Pfizer and BioNTech concerning both RSV and COVID-19 vaccines. Meanwhile, Moderna recently concluded a separate lipid nanoparticle patent dispute involving a substantial cash settlement.

This development underscores the ongoing competitive and legal dynamics in vaccine technology innovation, particularly as companies seek to protect proprietary platforms critical to public health responses.

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