In lawsuits filed in federal court, Bayer alleges that vaccine makers Pfizer, BioNTech, and Moderna copied messenger RNA (mRNA) technology first developed by Monsanto in the 1980s. In a separate but similar lawsuit, Bayer is also suing Johnson & Johnson, arguing the company’s DNA-based process infringed on the same foundational patent.
This technology was not originally intended for human health. According to the lawsuits, Monsanto scientists pioneered the technique to reduce mRNA instability for an entirely different purpose: creating more pest-resistant crops.
Significantly, the company suing was not involved in developing or selling any COVID-19 vaccines. Bayer’s legal claim stems from patents it acquired through its ownership of Monsanto, an agricultural science giant.
Bayer has explicitly stated that it is seeking an “unspecified amount of monetary damages” from the vaccine manufacturers.
In 2024 alone, Pfizer and BioNTech reported over $3.3 billion in revenue from their Comirnaty vaccine, while Moderna earned $3.2 billion from its Spikevax.
Bayer’s lawsuit does not exist in a vacuum. It is the latest entry into a pre-existing “web of patent lawsuits” surrounding the highly profitable COVID shots.
