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GSK, Moderna settle patent dispute over Moderna COVID, RSV shots - Finance news and analysis from Global Banking & Finance Review
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GSK, Moderna settle patent dispute over Moderna COVID, RSV shots

Published by Global Banking & Finance Review

Posted on November 6, 2026

2 min read

· Last updated: November 6, 2026

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GSK and Moderna Reach Settlement in Patent Dispute Over COVID-19, RSV Shots

Overview of the GSK and Moderna Patent Settlement

By Blake Brittain

Background of the Lawsuit

Nov 6 (Reuters) - British drugmaker GSK has settled lawsuits that accused Moderna's COVID-19 vaccines Spikevax and mNEXSPIKE and RSV shot mResvia of infringing its patents, the companies said on Friday.

Details of the Settlement

Cross-Licensing Agreement

• Moderna said in a Friday press release that it settled GSK's patent litigation in the US and Europe on October 28 and that the companies "granted patent cross-licenses in the field of infectious disease and are not obligated to make payments of any kind in connection with such licenses."

Statements from the Companies

• A GSK spokesperson said the company was "pleased to have reached a resolution that provides clarity for both companies and enables continued focus on advancing innovation for patients."

Legal Proceedings

• The companies asked a Delaware federal court on Friday to dismiss GSK's US infringement claims with prejudice, which means they cannot be refiled

Related Litigation

GSK's Lawsuit Against Moderna

Lipid Nanoparticle Technology Dispute

• GSK sued Moderna in 2024 over lipid nanoparticle technology used in the vaccines to transport fragile messenger RNA (mRNA) into the human body

Other Ongoing Patent Cases

GSK vs. Pfizer and BioNTech

• GSK separately filed a similar lawsuit against Pfizer and BioNTech over their COVID-19 vaccine earlier that year, which is still ongoing

Broader Patent Disputes in the Industry

• The lawsuits are part of a web of US court cases involving Pfizer, BioNTech and Moderna over patent royalties for technology used in their COVID vaccines, including one brought by Moderna against Pfizer in 2022

(Reporting by Blake Brittain in Washington, Editing by Alexia Garamfalvi)

Key Takeaways

  • Mutual cross‑licenses granted in infectious disease patents—no cash exchanged—settle U.S. and European litigation filed by GSK
  • U.S. Delaware court to dismiss GSK’s infringement claims with prejudice, barring re‑filing
  • Broader context: GSK is engaged in simultaneous patent actions against Pfizer/BioNTech over RSV and COVID‑19 vaccines, while Moderna recently settled a separate lipid‑nanoparticle suit for substantial cash

Frequently Asked Questions

What was the dispute between GSK and Moderna about?
The dispute involved patent claims by GSK that Moderna's COVID-19 and RSV vaccines infringed on GSK's patents regarding technology used in vaccine development.
What was the outcome of the GSK and Moderna patent litigation?
GSK and Moderna reached a settlement, granting each other patent cross-licenses in infectious disease without any payments required.
What happens to the lawsuits following the settlement?
The companies requested the Delaware federal court to dismiss GSK's US infringement claims with prejudice, meaning they cannot be brought again.
Are there other ongoing lawsuits related to these vaccine patents?
GSK's lawsuit against Pfizer and BioNTech over similar technology is still ongoing, as are other patent cases among Moderna, Pfizer, and BioNTech.

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