BioNTech in a Feb. 19 lawsuit accused Moderna of infringing on a patent with its new COVID-19 vaccine, known as mNEXSPIKE.

BioNTech developed and patented a streamlined vaccine design that utilizes portions of the COVID-19 spike protein, rather than the full spike protein, while still inducing a strong immune response, the company said.

Moderna incorporated that design into mNEXSPIKE despite not having permission to do so, BioNTech said in the filing, which was lodged in federal court in Delaware.

“BioNTech filed this lawsuit to be compensated for Moderna’s continued infringement of BioNTech’s patented streamlined, domain-based COVID-19 vaccine technology,” the suit says.

BioNTech wants the court to rule that Moderna infringed on its patent. It is seeking damages, which the company says should be determined by a jury.

“Moderna is aware of the litigation and will defend ourselves against these claims,” a spokesman for Moderna told The Epoch Times in an email. “Beyond that, we do not have a comment.”

mNEXSPIKE, which was approved by U.S. regulators in 2025, is Moderna’s second COVID-19 vaccine. The first was cleared by regulators in 2020, shortly after they authorized a vaccine from Pfizer and BioNTech.

All three of the vaccines utilize messenger ribonucleic acid, or mRNA, technology.

While the Pfizer-BioNTech vaccine contains the full spike protein, BioNTech says it developed alternative technologies, including a streamlined version that contains only portions of the spike protein.

BioNTech in 2022 requested a patent for the streamlined design. Officials approved the patent in 2024.

The patent covers pharmaceutical compositions that feature, in part, RNA that contains one or more fragments of the spike protein and a secretory signal.

mNEXSPIKE leverages the design, including the fragmented spike protein and a signal, according to the new suit, which cites Moderna documents and notes Moderna promoted the vaccine as streamlined and containing a lower dosage of mRNA.

Moderna included the patented technology even though it was aware of the patent since at least Nov. 5, 2024, when it was issued, BioNTech alleges. BioNTech said that belief stems from the multiple patent disputes involving Moderna and other COVID-19 manufacturers, which would lead Moderna to routinely monitor COVID-19 mRNA vaccine patents.

Other lawsuits in the space include a recent action from Monsanto against Moderna, Pfizer, and BioNTech.

Moderna reported $1.9 billion in revenue for 2025, the majority of which it said was generated from COVID-19 vaccines. mNEXSPIKE captured 24 percent of the U.S. retail market in late 2025 and early 2026, the company said in a recent earnings call, as well as 34 percent of the 65 and older retail market during that period of time.

BioNTech said it should be compensated for the infringement. The money would allow it to reinvest in its mRNA platform, the company said.