(New York) The British pharmaceutical giant GSK is suing its American competitor Pfizer for infringement of patents related to the vaccine against respiratory syncytial virus (RSV), which causes bronchiolitis.
The United States Medicines Agency (FDA) authorized on May 3, 2023 the very first vaccine — Arexvy, designed by GSK — against this disease which kills several thousand people each year in the United States, especially among those over 60 and children.
On May 31, the FDA gave the green light to the competing vaccine developed by Pfizer, Abrysvo.
“Defendant Pfizer’s production, use, offer for sale, sale or import of a respiratory syncytial virus vaccine infringes one or more certifications of GSK’s patents,” claims the UK group in his lawsuit filed Wednesday in federal court in the state of Delaware.
GSK says its vaccine is the result of more than fifteen years of research and that Pfizer did not begin work on its own until “2013 at the earliest”.
According to the complaint, “Pfizer knowingly used GSK’s claimed inventions in Abrysvo without permission.” “As of July 19, 2023, Abrysvo has already been administered to at least one patient,” she noted.
The amount of damages sought is not specified, but GSK asks that Pfizer can no longer manufacture or sell this vaccine for the over 60s in the United States and the holding of a trial with a jury to decide the litigation.
“Despite its legitimacy to do so, GSK does not request a restriction on the use of Abrysvo for the prevention […] in newborns by vaccinating pregnant persons”, states the complaint, which seeks compensation in return unquantified financials.
Pfizer was not immediately available to respond.
RSV is a very widespread and highly contagious virus, best known for causing bronchiolitis (infection of the small bronchi) in toddlers during the winter. But it also affects adults and can be dangerous for the elderly when it degenerates into a respiratory infection (bronchiolitis or pneumonia).
According to US health authorities, this virus causes the death of between 6,000 and 10,000 people aged 65 and over in the United States each year, and between 60,000 and 160,000 hospitalizations.
GSK pointed out that between 58,000 and 80,000 children under the age of 5 are hospitalized each year in the United States with RSV.
At 2:20 p.m. (Eastern Time), Pfizer stock was up 0.13% at $35.65.
