Last Friday, Alnylam Pharmaceuticals, Inc. (“Alnylam”) filed new complaints for patent infringement in the District of Delaware against Pfizer and Moderna. This is the third time Alnylam has sued Pfizer and Moderna in Delaware alleging their COVID-19 vaccine lipid nanoparticle technology infringes Alnylam’s patent rights. The patents-in-suit are U.S. Patent Nos. 11,633,479 (the “’479 Patent”), 11,633,480 (the “’480 Patent”), and 11,590,229 (the “’229 Patent”). U.S. Patent No. 11,612,657 (the “’657 Patent”) is also asserted in the lawsuit against Pfizer.

Alnylam claims that it created novel biodegradable lipid particles which are now being used in mRNA-based vaccines, including those marketed and sold by Pfizer and Moderna. Alnylam brings these actions to recover monetary compensation for Pfizer and Moderna’s alleged unlicensed use of Alnylam’s Patents-in-Suit through the sales of their COVID-19 vaccine but is not seeking injunctive relief.

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