Expensive in bran and cheap in flour

Despite the proven failure of vaccines against Covid, a civil war suddenly broke out in the industrial family of Big Pharma as the giant GlaxoSmithKline filed a lawsuit against the German giants Pfizer and BioNTech, because, according to the indictment, they usurped the scientific platform to create the preparations. – Vaccines using the mRNA method.

GlaxoSmithKline claims its Covid vaccines are based on technology it developed and patented since 2008, and is seeking billions in compensation from Pfizer and BioNTech’s sales during the pandemic.

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This lawsuit comes to the fore after several legal battles, especially between Moderna and Pfizer, regarding the patent that protects the mRNA vaccine against Covid.

But this case is different in that it is brought by a pharmaceutical company that did not develop a vaccine during the pandemic. Therefore, it may have significant implications for the final distribution of profits from vaccines that countries have purchased in large quantities to combat Covid-19.

GlaxoSmithKline claims its Covid vaccine technology was developed years before the pandemic.

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GlaxoSmithKline (GSK), through GSK Biologics, is a leading force in the development and production of innovative vaccines, holding several US patents for formulations comprising lipids and messenger RNA (mRNA) molecules, which encode viral immunogens and provide… Protection against viral infections.

According to the lawsuit, the development of these technologies began in 2008. At that time, Andrew Gale, an accomplished scientist in drug production, joined a team of researchers led by vaccinologist Christian Mandel, with the aim of developing mRNA vaccines.

How were Covid vaccines developed so quickly?

In 2010, these technologies were patented under patent numbers 11638693, 11638694, 11666534, 11766401 and 11786467, which address specific lipid and messenger RNA (mRNA) combinations critical to vaccine efficacy and stability.

According to the lawsuit, this technology has been recognized by the leading scientific journal Nature and is now used by all mRNA companies. The advantage of this technology is the speed of developing and testing new vaccines, which was demonstrated by the development of the influenza vaccine in just eight days. This is also why vaccines against the coronavirus were developed so quickly during the pandemic.

Charges against Pfizer

GSK’s lawsuit against Pfizer and BioNTech includes information about how Pfizer knew about the patents in question.

In particular, it states that the defendants learned of GSK’s patents through publications and applications that were made publicly and were available to all interested parties.

In addition, GlaxoSmithKline has published numerous papers and articles in recognized scientific journals describing the innovative technologies developed by Dr. Christian Mandel. These publications were publicly available, and Pfizer, as one of the world’s leading pharmaceutical companies, would have been expected to be aware of developments in mRNA technology.

GSK’s arguments include the observation that, as is the case with other pharmaceutical companies in the development phase of innovative medicines, Pfizer had commercial relationships with GSK. The plaintiff alleges that through these relationships and data exchanges, Pfizer gained access to confidential information.

However, this exchange of information does not allow the defendant companies to use the protected technologies for commercial purposes. Although intellectual property rights do not prohibit its use for scientific purposes, making a profit requires obtaining permission from the patent holder.

GSK claims, according to lifesciencesipreview, that the defendants infringed its patents by manufacturing, using, selling, marketing and importing the products without a license, extracting millions of dollars from sales of their Covid vaccines.

Although a specific amount for damages has not been determined, GSK is seeking damages for the alleged infringement of its patents. This amount will be determined by the court, taking into account the profits made by the defendants from the sales of their vaccines.

GlaxoSmithKline requests:

• Economic Damages: Seeks compensation for profits made by defendants from unlicensed use of its patented technology.
• TRIPLE DAMAGES: Seeks treble damages for tortious patent infringement.
• Court Costs: Additionally, defendants are required to cover court costs and attorney fees.

The exact compensation will be determined during the court proceedings, taking into account the financial statements and evidence presented to the court.

This is a lawsuit that is generating interest on both a legal and broader level. On the one hand, it is an important example of the protection of industrial property rights and the scope of application of legislation. On the other hand, if the lawsuit is accepted, it will set off a series of developments around the world, affecting the way drugs work, but also changing the history of how the largest humanitarian crisis of the 21st century is dealt with.