Pharmaceutical Companies Facing Lawsuit Over Patent Infringement Regarding COVID-19 Vaccine Development

Regeneron Pharmaceuticals, Pfizer, and BioNTech are all facing a lawsuit filed by Allele Biotechnology and Pharmaceuticals over patent infringement.

Allele’s lawsuit alleges that these companies did not pay royalties regarding the use of their patented mNeonGreen fluorescent protein in the development process for a potential COVID-19 vaccine; according to their patent, Allele has exclusive rights to the use of this protein.

mNeonGreen is an artificial monomeric fluorescent protein used to track the effects of a medication on the body.

While other fluorescent proteins exist to serve the same purpose, according to Allele’s official patent infringement complaint, mNeonGreen has been hailed by industry veterans as the “King of fluorescent proteins”. Allele patented the mNeonGreen protein shortly after its development and since then has held exclusive rights for its use. A patent is a license or legal right given to an inventor or organization responsible for inventing something new by the United States Patent and Trademark Office (USPTO). This patent prevents others from producing, selling, or using the invention without express permission from the inventor.

Allele claims that none of the included defendants so much as contacted them requesting permission to use the mNeonGreen.

Allele alleges that without the unauthorized use of their protein, Regeneron Pharmaceuticals, Pfizer, and BioNTech would not have been able to make as much progress as quickly as they did. This remarkably fast progress is what led to their receipt of $445 million in grants and over $4 billion in sales of the vaccine at the time the complaint was filed. Not only did they experience significant financial benefits from the use of the protein, but supposedly these pharmaceutical companies failed to so much as pick up the phone and request permission to use this patented protein in the development of their potential COVID-19 vaccines.

Regeneron Pharmaceuticals experimental vaccine REGN-COV2 is currently being used to treat President Donald Trump.

Allele’s lawsuit revolves around the idea that without the unauthorized use of their patented protein, none of these successes could have happened. Allele is seeking monetary and declaratory relief for their losses in regard to the unauthorized use of their patented mNeonGreen protein. If successful, monetary relief will come in the form of financial compensation, while declaratory relief will come in the form of an official judgment to settle the controversy over who is and is not allowed to use the protein.