German biotechnology firm BioNTech has filed a patent infringement lawsuit against U.S.-based vaccine maker Moderna in a federal court in Delaware. The case centers on Moderna’s updated COVID-19 vaccine, mNEXSPIKE, which BioNTech claims uses technology protected under its patents.

BioNTech alleges that the vaccine design incorporated in mNEXSPIKE is based on proprietary messenger RNA (mRNA) innovations originally developed for its COVID-19 shot, Comirnaty, created in partnership with Pfizer. According to the complaint, the technology enables effective immune response at lower dosage levels and is covered under U.S. intellectual property protections.

mNEXSPIKE, which recently received approval from the U.S. Food and Drug Administration, is expected to play a key role in Moderna’s COVID-19 vaccine portfolio for the upcoming respiratory virus season.

This lawsuit adds to an ongoing legal dispute between the two companies. In 2022, Moderna had initiated legal action against BioNTech and Pfizer over alleged patent violations related to mRNA technology. The current filing signals a continuation of high-stakes patent battles within the mRNA vaccine space, as companies seek to safeguard innovations developed during the COVID-19 pandemic.