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Recognizing the need to ensure continued access to these lifesaving vaccines, Moderna is not seeking to remove Comirnaty® from the market and is not asking for an injunction to prevent its future sale.

In addition, MODERNA SUES is not seeking damages related to Pfizer’s sales to AMC 92 countries and is not seeking damages for Pfizer’s sales where the U.S. Government would be responsible for any damages. Consistent with Moderna’s patent pledge, the Company is also not seeking damages for activities occurring before March 8, 2022.

Pfizer and BioNTech Infringe Moderna’s Patents

Moderna believes Pfizer and BioNTech copied two key features of Moderna’s patented technologies which are critical to the success of mRNA vaccines. When COVID-19 emerged, neither Pfizer nor BioNTech had Moderna’s level of experience with developing mRNA vaccines for infectious diseases, and they knowingly followed Moderna’s lead in developing their own vaccine.

Second, and again despite having many different options:

Pfizer and BioNTech copied Moderna’s approach to encode for the full-length spike protein in a lipid nanoparticle formulation for a coronavirus. Moderna scientists developed this approach when they created a vaccine for the coronavirus that causes Middle East Respiratory Syndrome (MERS) years before COVID-19 first emerged.

None of the patent rights which Moderna is seeking to enforce relate to any intellectual property generated during Moderna’s collaboration with the National Institutes of Health to combat COVID-19. That collaboration began only after the patented technologies at issue here were proven successful in clinical trials in 2015 and 2016.


In 10 years since its inception, Moderna has transformed from a science research-stage company advancing. Programs in the field of messenger RNA (mRNA), to an enterprise with a diverse clinical portfolio of vaccines. And therapeutics across seven modalities, a broad intellectual property. Portfolio in areas including mRNA and lipid nanoparticle formulation. And an integrated manufacturing plant that allows for rapid clinical and commercial production at scale. Moderna maintains alliances with a broad range of domestic. Overseas government and commercial collaborators. Which has allowed for the pursuit of both ground-breaking science and rapid scaling of manufacturing. Most recently, Moderna’s capabilities have come together to allow the authorized. Use and approval of one of the earliest and most-effective vaccines against the COVID-19 pandemic MODERNA SUES.

Forward Looking MODERNA SUES

This press release contains forward-looking statements within the meaning of the Private Securities. Litigation Reform Act of 1995, as amended, including regarding. The Company’s filing of patent infringement litigation against Pfizer and BioNTech. The remedies to be sought in that litigation, including the Company’s decision not to pursue. An injunction against the sale of Comirnaty; the Company’s commitment not to seek damages for sales to the U.S. Government or AMC 92 countries; and the Company’s development of vaccines and treatments against HIV,. Influenza, autoimmune and cardiovascular diseases and cancers. The forward-looking statements in this press release are neither promises nor guarantees. And you should not place undue reliance on these forward-looking statements. Because they involve known and unknown risks, uncertainties, and other factors, many of which are beyond Moderna’s control and which could cause actual results to differ materially from those expressed or implied by these forward-looking statements.

MODERNA SUES These risks:

Uncertainties, and other factors include those other risks and uncertainties described under the heading. “Risk Factors” in Moderna’s Annual Report on Form 10-K for the fiscal year ended. December 31, 2021 and Quarterly Report on Form 10-Q for the quarterly period ended. March 31, 2022, each filed with the U.S. Securities and Exchange Commission (SEC). And in subsequent filings made by Moderna with the SEC, which are available on the SEC’s website at. Except as required by law, Moderna disclaims any intention or responsibility for updating. Revising any forward-looking statements contained in this press release in the event of new information, future developments or otherwise. These forward-looking statements are based on Moderna’s current expectations and speak only as of the date hereof.

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