“The pharmaceutical and agrochemical giant Bayer typically makes headlines for being sued—such as in the hundreds of thousands of legal disputes surrounding the allegedly carcinogenic effects of the herbicide glyphosate. Now, however, the Leverkusen-based DAX-listed corporation finds itself on the plaintiff’s side—and its American subsidiary, Monsanto, plays a pivotal role in the proceedings.
Bayer has filed a lawsuit in a federal court in the U.S. state of Delaware against the COVID-19 vaccine manufacturers Pfizer, BioNTech, and Moderna. Additionally, Bayer has sued the American corporation Johnson & Johnson in a court in New Jersey. The company accuses these manufacturers of infringing upon Monsanto’s patents in order to develop their mRNA vaccines.
"This lawsuit concerns patent infringements related to enhancing the stability of mRNA—technology that Bayer originally utilized for agricultural purposes," a Bayer spokesperson stated in response to an inquiry. "The defendants' unlicensed use of Bayer's intellectual property enabled them to resolve the inherent instability of mRNA, thereby overcoming one of their greatest challenges in vaccine development."
Bayer itself has never manufactured vaccines; however, in 2021, the company entered into a production partnership with the Tübingen-based firm CureVac. Under this agreement, Bayer intended to produce vaccines for CureVac at its pharmaceutical facility in Wuppertal; yet, the collaboration never materialized—because, unlike BioNTech, CureVac failed to bring an effective vaccine to market. That company has since been acquired by BioNTech. As of Wednesday, BioNTech had not yet issued a statement regarding the matter.
Bayer is not seeking an injunction to ban the sale of these vaccines; however, the company is demanding monetary damages—the specific amount of which remains undisclosed.” Markus Manns is the analyst monitoring the DAX-listed corporation Bayer on behalf of its shareholders. Manns notes that, given the limited information currently available regarding the patent and its significance for the production process, it is difficult to assess the likelihood of success for Bayer’s legal challenge.
"Generally speaking, in cases of patent infringement, one anticipates royalty payments ranging from one to three percent—likely applied retroactively to past sales in the U.S. market," says Manns.
"That would amount to a substantial sum for Bayer." In 2024 alone—long after the peak of the pandemic—Pfizer and BioNTech generated global sales of over $3.3 billion with their vaccine, Comirnaty, while Moderna posted sales of $3.2 billion.
International patent disputes have also been ongoing among competitors for years—a arena that Bayer is now entering, albeit with a significant delay. For instance, BioNTech (backed by Pfizer) and CureVac had been locked in a years-long dispute regarding the validity of a CureVac patent registered with the European Patent Office. However, with the announcement in June 2025 of BioNTech’s acquisition of CureVac, the two adversaries settled their differences.
A key player in these disputes remains the American manufacturer Moderna. For years, the Massachusetts-based biotech firm has been battling BioNTech and Pfizer in courts across Germany, the United Kingdom, and the United States over patents related to mRNA vaccines. Moderna alleges that Comirnaty—the vaccine developed by its two competitors—infringes upon several of its patents. In March 2025, the Regional Court of Düsseldorf ordered BioNTech and Pfizer to provide information and pay damages. In the United Kingdom, the legal battle has now reached the Supreme Court, the country’s highest judicial authority. In the U.S., conversely, a patent authority has declared several of Moderna’s patents invalid; other ongoing legal proceedings in that jurisdiction have been suspended.
For Bayer, Monsanto’s patent portfolio was one of the primary drivers behind its 2016 takeover bid for the American seed and agricultural giant. An investigation published by the EU Commission’s merger control division highlighted the sheer scale of the deal. At the time of the takeover offer, Monsanto held more than 4,000 granted and unexpired patents. According to Bloomberg, these patents were also battle-tested in court: for nearly two decades, Monsanto reportedly lost almost no intellectual property (IP) lawsuits in North America. From Bayer’s side, the year 2016 brought the addition of more than 6,000 granted and unexpired U.S. patents. Furthermore, as the competition regulators' analysis revealed, the two corporations collectively held more than 3,500 registered trademarks in the United States.
Through this acquisition, the Leverkusen-based pharmaceutical and agricultural giant also effectively bought itself time: just as in Germany, patent terms in the United States likewise extend for 20 years commencing from the filing date. In individual cases, a 1984 U.S. law permits pharmaceutical companies to obtain an extension of up to five years. It remains unclear whether this extension also applies to the development of mRNA technology for the agricultural biotech sector—originally by Monsanto—that Bayer is now claiming. It is possible that older Monsanto patents have already exceeded their term or are nearing expiration.
Nevertheless, the $63 billion acquisition of Monsanto in 2018 is far more closely associated with the legal risks that Bayer effectively bought into. Shortly after the acquisition was finalized, the DAX-listed corporation was ordered by a U.S. court to pay billions in damages, a ruling that triggered a wave of mass litigation. Since then, Bayer has spent more than $10 billion on legal disputes—exceeding the amount the company invested in research and development during the same period. Bayer CEO Bill Anderson has announced plans to "significantly mitigate" this legal risk by the end of the current year." [1]
1. Bayer verklagt Impfstoffhersteller wegen Patentverletzung: Der Dax-Konzern legt sich mit Biontech, Pfizer und Moderna an / Von Jonas Jansen, Düsseldorf , und Marcus Jung, Frankfurt. Frankfurter Allgemeine Zeitung; Frankfurt. 08 Jan 2026: 22.
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