Seoul, April 23 SK bioscience, the biopharmaceutical arm of South Korea's SK Group, said on Wednesday it has achieved a "final victory" in a patent invalidation case against Moderna, the global developer of the messenger-RNA (mRNA) COVID-19 vaccine.
SK bioscience filed a nullity suit in 2023 challenging Moderna's patent on modified nucleosides, nucleotides and nucleic acids, as well as their uses, the company said in a press release.
Moderna's patent is the only registered patent in South Korea related to mRNA manufacturing technology, reports Yonhap news agency.
SK bioscience had argued the patent "unfairly granted priority rights, which hindered the development of mRNA technology."
The disputed patent was considered critical in mRNA manufacturing and was relevant to SK bioscience's own work, including its development of an mRNA-based Japanese encephalitis vaccine candidate, GBP560, the release said.
SK bioscience has been developing this vaccine in collaboration with the Coalition for Epidemic Preparedness Innovations (CEPI), a non-governmental organization founded by American billionaire Bill Gates.
CEPI has provided funding of US$357 million over the past few years to South Korea's private and academic partners, including SK bioscience.
"If developed, SK bioscience's mRNA vaccines could be exported to developing countries in Africa, the Middle East, Latin America and Southeast Asia, regions where Moderna has not yet registered patents for its mRNA vaccines," a company spokesperson said.
The Intellectual Property Trial and Appeal Board ruled last month in favour of SK bioscience, a decision the company said will accelerate its efforts in the global race for mRNA vaccine technology.
Moderna did not appeal the ruling within the legal timeframe.
The global mRNA therapeutics market is expected to exceed 84 trillion won ($58.9 billion) by 2033, according to global market research firm Nova One Advisor.
SK bioscience aims to establish an mRNA vaccine platform that addresses not only pandemics but also a broader range of infectious diseases.
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