Alnylam drops Covid vaccine patent case against Pfizer, BioNTech for now

By Blake Brittain

May 14 (Reuters) - Biotech company Alnylam Pharmaceuticals ALNY.O conceded defeat for now in a lawsuit against Pfizer PFE.N and BioNTech 22UAy.DE over technology in their COVID-19 vaccine, asking a Delaware federal court on Tuesday to enter a judgment that they did not infringe Alnylam's patents.

Alnylam requested that the court end the case after U.S. District Judge Colm Connolly interpreted the company's patents in a way that would not cover Pfizer and BioNTech's vaccine. The company dropped a separate lawsuit over Moderna's COVID-19 shots following a similar ruling favoring Moderna last year.

An Alnylam spokesperson said the company was evaluating its options and may appeal. A BioNTech spokesperson said the filing "confirms Pfizer's and BioNTech's position that we do not infringe any valid patents asserted by Alnylam."

Cambridge, Massachusetts-based Alnylam sued Pfizer and BioNTech in 2022, alleging their COVID-19 vaccines infringed patents covering the use of its lipid nanoparticles (LNP) to deliver genetic material into the body. Pfizer and BioNTech denied the allegations and argued the patents were invalid.

The lawsuit is one of several patent infringement cases filed by biotech companies over technology used in the blockbuster COVID-19 shots, which include an ongoing lawsuit brought by Moderna against Pfizer and BioNTech.

The case is Alnylam Pharmaceuticals Inc v. Pfizer Inc, U.S. District Court for the District of Delaware, No. 1:22-cv-00336.

For Alnylam: Ethan Townsend, William Gaede, Sarah Columbia, Sarah Fischer and Ian Brooks of McDermott Will & Emery

For Pfizer: Arthur Connolly and Alan Silverstein of Connolly Gallagher

For BioNTech: Jeremy Tigan and Anthony Raucci of Morris Nichols Arsht & Tunnel

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Alnylam files patent infringement lawsuits against Pfizer, Moderna

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