High-Stakes mRNA Patent Showdown
The Unified Patent Court (UPC) local division in The Hague is presiding over a pivotal week in the European pharmaceutical sector, as it initiates formal hearings in a major patent infringement battle involving GSK, Moderna, and the partnership of BioNTech and Pfizer. The proceedings, centered on mRNA vaccine technology, represent a critical test of the UPC’s jurisdiction and its role in resolving high-value intellectual property disputes.
On September 1, 2026, the panel—led by presiding judge Edger Brinkman, alongside Margot Kokke and Stefan Schilling—began hearing GSK’s infringement claims against Moderna (case ID: UPC_CFI_616/2025). This is followed on September 3 by a parallel hearing concerning BioNTech and Pfizer (case ID: UPC_CFI_620/2025). The disputes revolve around European Patent EP 2 590 626, which covers specific liposome technology essential for effective RNA delivery.
Scope of the Litigation
GSK initiated this litigation campaign in July 2025, targeting not only EP 626 but also patents EP 4 226 941 and EP 4 066 856. The claims include significant long-arm jurisdictional requests, extending the reach of the lawsuits beyond the immediate UPC territory to include jurisdictions such as the UK, Switzerland, Norway, Poland, and Spain. While the court has scheduled future hearings for the latter two patents, it has currently postponed them pending written grounds from a European Patent Office (EPO) revocation decision, which may determine whether the UPC proceedings remain stayed.
This legal conflict is part of a broader, multi-jurisdictional strategy. GSK has pursued similar infringement actions in Ireland, while BioNTech and Pfizer have responded by filing a joint revocation action at the UK High Court. The complexity of the global dispute is underscored by recent settlements; in July 2026, BioNTech, Pfizer, and CureVac settled their US-based disputes, with BioNTech agreeing to pay GSK $370 million and a 1% royalty on US sales. However, GSK explicitly stated that this settlement does not waive its right to enforce its own patents against the manufacturers in the US or Europe.
Institutional Legal Teams
The scale of the litigation is reflected in the high-profile legal representation involved. GSK is represented by Bird & Bird, led by Dutch partners Tjibbe Douma and Carlos van Staveren. Moderna has engaged Hogan Lovells, with a pan-European team led by Gertjan Kuipers, Stephen Bennett, Dan Brook, Felipe Zilly, and Andreas von Falck. BioNTech is represented by Powell Gilbert and a Dutch-German team from Hoyng ROKH Monegier, while Pfizer relies on Winston & Strawn’s Brussels-based team led by Christian Dekoninck.
The court’s decision in these initial hearings will provide a significant indicator of how the UPC handles complex, multi-party pharmaceutical disputes. As the court balances jurisdictional breadth against the validity of the underlying patents, the outcome could set a precedent for future mRNA-related litigation in the European market.