BioNTech and Pfizer strike back against GSK in London

Last week, Pfizer and BioNTech filed a joint action against GSK at the UK High Court (case ID: HP-2025-000044). The reason for the action is not yet clear from the public documents.

However, JUVE Patent has learned that the two companies have filed a revocation action against the three patents that GSK had previously asserted against the two Corminaty manufacturers at the UPC and in Ireland.

GSK seeks injunction at UPC

In July, despite the settlement between its cooperation partner CureVac and BioNTech/Pfizer, GSK announced it would continue its litigation against the opponents. At that time, a press release stated that “the settlement does not impact GSK’s enforcement of its own patents against Pfizer and BioNTech in the U.S. and in Europe”.

In April 2024, GSK sued BioNTech and Pfizer at the District Court of Delaware for infringement of two patents. In July, the company filed two lawsuits with the Unified Patent Court. The first infringement suit relates to EP 4 226 941 and EP 4 066 856 (case ID: ACT_32285/2025). The second action alleges infringement of EP 2 590 626 (case ID: ACT_32214/2025).

GSK filed both lawsuits at the local division in The Hague. They target various European entities of both companies and contain detailed long-arm jurisdictional requests.

Dutch patent judges have a tradition of granting cross-border injunctions. Presiding judge Edger Brinkman and Margot Kokke are handling the cases. Stefan Schilling from the Hamburg local division is the third judge.

In addition to the UPC actions, GSK filed an infringement action in Ireland against both opponents based on the same patents (case ID: H.P.2025.0003802). The dispute now covers the US, Ireland, UK, and the UPC.

mRNA cases gain momentum

Following the latest counterattack by BioNTech and Pfizer, the dispute with GSK is now likely one of the largest in Europe concerning mRNA patents. BioNTech and Pfizer are also involved in an intense dispute with Moderna, but recently suffered a defeat at the UK Court of Appeal. The dispute began in 2022 when Moderna sued its Mainz-based competitors in several countries, including Germany, the Netherlands, Belgium, Ireland and the UK.

Additionally, GSK’s litigation campaign extends beyond BioNTech and Pfizer. In July, the company launched a major offensive against leading COVID-19 vaccine manufacturers. With Bird & Bird’s support, the company filed two lawsuits against Moderna at the local division The Hague. The patents-in-suit are the same as in the cases against BioNTech and Pfizer (case IDs: ACT_32173/2025 and ACT_32120/2025).

It is not yet known which UK lawyers will represent GSK against Pfizer’s and BioNTech’s revocation action at the High Court. However, they will likely come from Bird & Bird’s London office. Partner Nicole Jadeja recently represented GSK together with a German team in a dispute with Pfizer over RSV vaccines. The dispute settled in April.

Dutch Bird & Bird partners Tjibbe Douma and Carlos van Staveren are assisting GSK in the related UPC cases against Pfizer & BioNTech. Bird & Bird is also conducting the Irish proceedings against both companies.

Powell Gilbert and Taylor Wessing on board again

Meanwhile, Pfizer is once again relying on its regular advisors from Taylor Wessing in the dispute with GSK. A team from the London office leads the revocation claim at the UK High Court. Partner Simon Cohen leads the team supported by senior associate Thomas Witte and senior counsel Ed Vickers and Paul England.

Also involved are Brussels-based partner Christian Dekoninck who leads the related UPC cases. Counsel Geert Theuws and associate Faziel Abdul are also on the team. Lawyers from McCann FitzGerald’s Dublin office are leading the Irish case.

According to the UPC case search, BioNTech has retained Tess Waldron and Joel Coles from UK firm Powell Gilbert. The firm’s pharma team is again leading the proceedings at the UK High Court. The firm also represents BioNTech in the Irish proceedings through its Dublin office.

Partners Penny Gilbert and Peter Fitz-Patrick as well as associates Daniel Down, Gabriella Simon and Abraham Darby-Zaier complete the team. Charlotte Malley is qualified as patent attorney.

Powell Gilbert has a close relationship with the German biotech company. The firm is involved in most of BioNTech’s ongoing disputes — whether coordinating the disputes or conducting the UK proceedings.

BioNTech also relies on the German practice of Hoyng ROKH Monegier led by Düsseldorf-based partner Christine Kanz and Dutch partner Theo Blomme as well as Munich-based patent attorney firm ZSP in various proceedings. Both firms are also involved in the UPC cases against GSK.