The Hague local division faces hot week in mRNA litigation

The local division The Hague is already a hotspot for pharmaceutical and biotech cases at the Unified Patent Court. Under presiding judge Edger Brinkman and Margot Kokke, the division will hear the first showdown between GSK and the leading manufacturers of Covid-19 vaccines this week.

On 1 September, the panel will hear GSK’s infringement claim against Moderna (case ID: UPC_CFI_616/2025). In addition to Brinkman and Kokke, Stefan Schilling from the Hamburg local division completes the legal panel. Martin Schmidt sits as technically qualified judge.

On 3 September, the same judges will hear the parallel case against BioNTech and Pfizer (case ID: UPC_CFI_620/2025). Both proceedings concern EP 2 590 626, which protects liposomes with lipids having an advantageous pKa value for RNA delivery.

From cooperation to conflict

The dispute traces back to GSK’s decision to enforce its mRNA-related patent portfolio against the manufacturers of the successful Covid-19 vaccines. GSK filed the lawsuit over EP 626, as well as lawsuits based on EP 4 226 941 and EP 4 066 856 at the local division The Hague in July 2025. The claims regarding EP 626 contain detailed long-arm jurisdictional requests, targeting entities of Moderna and Pfizer in the UPC teritorry but also in the Norway, Poland, Swizerland, and Spain, as well as in the UK (Moderna) and the US (Pfizer).

The local division The Hague originally planned to hear GSK’s claims regarding EP 941 and EP 856 on 30 September but postponed the hearings. The local division is awaiting the written grounds of an EPO revocation decision before deciding whether to stay the proceedings entirely until validity has been clarified.

GSK’s litigation campaign also extends beyond the UPC. In April 2024, GSK sued BioNTech and Pfizer at the US District Court of Delaware. The company also filed a parallel infringement action against both opponents in Ireland based on the same patents. BioNTech and Pfizer struck back in London, filing a joint revocation action against the three GSK patents at the UK High Court. It is not known whether Moderna has taken a similar step. Until 2021, EP 626 was the subject of an opposition before the EPO, but was ultimately upheld by the Boards of Appeal.

More mRNA cases to come

Originally, the mRNA patent wars in Europe involved further parties. CureVac, GSK’s cooperation partner in mRNA vaccines, had initiated litigation against BioNTech in Germany in summer 2022. BioNTech and Pfizer countered in the US.

That dispute ended in July when CureVac, BioNTech, and Pfizer announced a settlement in the US, alongside BioNTech’s announced acquisition of CureVac. As part of the arrangement, BioNTech agreed to pay GSK $370 million and a 1% royalty on US sales of the licensed products, with additional payments following the acquisition’s completion. However, GSK expressly reserved its own patent enforcement rights, stating that “the settlement does not impact GSK’s enforcement of its own patents against Pfizer and BioNTech in the U.S. and in Europe”. The Hague hearings are now the first opportunity to test GSK’s claims on the merits before the UPC.

GSK’s claims are not the only mRNA cases to go before the UPC. Arbutus and Genevent have once again filed claims relating to mRNA patents with the UPC’s local division The Hague. This time, the target is the Cominarty Covid-19 vaccine from BioNTech and Pfizer. Last year, the two companies filed two claims against Moderna at the The Hague local division as part of a global litigation campaign. However, the dispute did not last long. The parties reached a settlement in March 2026.

Another UPC battle over mRNA is currently pending in Munich between Promosome and BioNTech and Pfizer. In July, the Munich local division dismissed Promosome’s infringement claim and ruled that the patent was invalid. An appeal is likely.

Bird & Bird for GSK

GSK relies on Bird & Bird for the UPC proceedings. Dutch partners Tjibbe Douma and Carlos van Staveren are assisting the pharmaceutical company. The firm has long-standing relationships with both GSK and its former cooperation partner CureVac, and is also handling the parallel Irish proceedings.

According to the UPC case search, Moderna has retained lawyer Gertjan Kuipers from Hogan Lovells Cadwalader and patent attorneys Thomas Wolter and Matthew Naylor of Mewburn Ellis. The latter are also registered as UPC representatives. Mewburn Ellis already represents Moderna in EPO opposition proceedings against GSK’s EP 941.

Hogan Lovells’ involvement has suprised many observers. In its global dispute against BioNTech and Pfizer at national courts, Moderna relies on a Freshfields team lead by Amsterdam lawyer Rutger Kleemans. But like many pharmaceutical giants, Moderna does not rely on just one law firm and has therefore engaged Hogan Lovells for the first time. In addition to Kuipers, the pan-European team is led by London partners Stephen Bennett and Dan Brook, as well as German partners Felipe Zilly and Andreas von Falck.

Powell Gilbert and Hoyng ROKH Monegier for BioNTech

The UPC case search also shows BioNTech has retained Tess Waldron and Joel Coles from UK firm Powell Gilbert. Penny Gilbert, Peter FitzPatrick and patent attorney Charlotte Malley complete the team. Powell Gilbert is involved in most of BioNTech’s ongoing disputes and also handles the Irish proceedings through its Dublin office.

BioNTech additionally relies on a Dutch-German Team of Hoyng ROKH Monegier led by Christine Kanz and Theo Blomme. ZSP partner Georg Schnappauf and Sebastian Höpfner complete BioNTech’s team on the patent attorney side.

Winston Taylor for Pfizer

Pfizer relies on its regular advisors from Winston Taylor. Brussels-based partner Christian Dekoninck leads the UPC cases, supported by counsel Geert Theuws and associate Faziel Abdul.

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. Lawyers from McCann FitzGerald’s Dublin office are leading the Irish case.

But Pfizer is working with various firms when it comes to patent disputes in Europe. A Clifford Chance team represents Pfizer in the UPC dispute with Promosone. Marks & Clerk and Clifford Chance advised the US pharma giant in the now-settled battle with GSK over RSV vaccines. (Co-author: Laura King)