A legal battle between rival developers of Covid-19 jabs over vaccine technology patents has produced a mixed ruling from a High Court judge.

Pharmaceutical giant Pfizer and drug manufacturer BioNTech were in a dispute with vaccine developer Moderna regarding the use of messenger RNA technology in coronavirus jabs.

Moderna’s Spikevax vaccine was the third jab to be approved for use in the UK in January 2021 after the Pfizer/BioNTech and Oxford/AstraZeneca vaccines were approved.

Oxford UniversityOxford University (Image: Newsquest)

Moderna had accused Pfizer and BioNTech of patent infringement relating to their Comirnaty vaccine.

It sued the two companies, arguing it was due compensation for products manufactured after March 7, 2022.

Pfizer and BioNTech denied infringement, with both firms seeking the “revocation” of two Moderna patents, claiming they were “invalid”.

Mr Justice Meade concluded in a 153-page ruling on Tuesday that one of Moderna's European patents, labelled EP565, was "invalid".

However, another patent, EP949, was found to be "valid" and infringed by Pfizer and BioNTech.

Pfizer said in a statement, echoed by BioNTech: "While we are pleased that one patent (EP565) has been found invalid, we are disappointed in the court’s decision to uphold the validity of another (EP949).

“We continue to believe that this second patent is invalid and will seek to appeal this decision.

"These proceedings have no bearing on the safety and efficacy profile of our vaccine, as established by regulators worldwide.

“Irrespective of the outcome of this legal matter, we will continue to manufacture and supply the Pfizer-BioNTech Covid-19 vaccine in line with our agreements and established supply schedules.”

A Moderna statement said: "We are pleased that the UK High Court recognised the innovation of Moderna scientists by confirming the validity and infringement of the EP949 patent.

“We disagree with some other aspects of the decisions and will consider addressing those issues on appeal."

The companies also clashed in court over the interpretation of Moderna’s previous “pledge” not to enforce its Covid-19 related patents while the pandemic continued.

A parallel trial in May focused on Pfizer and BioNTech’s ability to rely on the pledge as part of their defence.

Moderna issued its pledge on October 8, 2020, but on March 7, 2022, the company said it was updating it and expected its intellectual property to be respected in non-low and middle-income countries where supply was “no longer a barrier to access”.

In a separate 41-page ruling also issued on Tuesday, Mr Justice Richards concluded: “Pfizer/BioNTech had non-contractual consent to perform acts that would otherwise infringe the patents between October 8, 2020, and March 7, 2022."