GSK and Moderna Settle Vaccine Patent Lawsuits
The companies resolved GSK's patent claims over COVID-19 and RSV vaccines in the US and Europe while a separate GSK case against Pfizer and BioNTech continues.
Updated on Nov. 10, 2026 in Biotech
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GSK and Moderna settled patent litigation over lipid nanoparticle technology used in Moderna's COVID-19 and RSV vaccines, with the settlement reached on October 28 covering US and European cases. The companies granted each other patent cross-licenses in the field of infectious disease and are not obligated to make payments under them.
Why it matters
The settlement removes one of several overlapping court fights among major mRNA vaccine makers over patent royalties. It shows how the companies are resolving disputes through licensing rather than continued litigation.
The lipid nanoparticle technology at issue is used to transport fragile messenger RNA into the human body. The Delaware filing asked for dismissal with prejudice, while the settlement terms beyond the cross-license structure remain undisclosed.
The players
GSK
GSK is a British multinational pharmaceutical company that holds the patents at the center of these vaccine lawsuits.
Moderna
Moderna is an American biotechnology company known for developing mRNA-based COVID-19 vaccines and its RSV vaccine mResvia.
Pfizer
Pfizer is an American pharmaceutical company that co-develops COVID-19 vaccines with BioNTech and remains a defendant in GSK's ongoing patent case.
BioNTech
BioNTech is a German biotechnology company that partners with Pfizer on mRNA COVID-19 vaccine development and is a defendant in GSK's ongoing lawsuit.
The details
GSK sued Moderna in 2024, accusing its Spikevax, mNEXSPIKE, and mResvia products of infringing GSK patents. Moderna settled the US and European patent litigation on October 28 through patent cross-licenses in infectious disease, with no payments required.
Timeline
2022: Moderna sued Pfizer over patent royalties.
2024: GSK sued Moderna and separately sued Pfizer and BioNTech.
October 6: Companies asked a Delaware federal court to dismiss GSK's US claims with prejudice.
October 28: Moderna settled GSK's patent litigation in the US and Europe.
The Big Picture
The settlement is one piece of a web of US and European patent suits among Pfizer, BioNTech, and Moderna over mRNA vaccine royalties that began with Moderna's 2022 suit against Pfizer. GSK's separate case against Pfizer and BioNTech remains unresolved, so the broader royalty dispute is not yet settled.
The settlement does not change vaccine availability or pricing for patients directly. Its practical effect is that the licensed companies can continue selling the affected products without the threat of the disputed US and European infringement claims.
The takeaway
Patent disputes among major drug developers are increasingly being resolved through cross-licensing rather than payment, which may shape how royalty fights over mRNA technology play out. Readers following the vaccine industry should watch whether GSK's case against Pfizer and BioNTech follows the same path.
Further reading
For more on the science behind these patents, see Biotech coverage.
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