GSK vs. Moderna: Modification of Patent Claim and Late Submissions
In a decision dated February 24, 2026, the Unified Patent Court (UPC) addressed procedural matters in the ongoing patent dispute between GlaxoSmithKline Biologicals SA (GSK) and several branches of Moderna, collectively referred to as Moderna. GSK sought to update their patent infringement claim to include a new Moderna product, mNEXSPIKE, which they assert infringes on the same grounds as other products previously mentioned. Moderna objected, citing prior public knowledge of the product. Additionally, GSK filed numerous conditional amendments to their patents, which Moderna criticized for being excessive and poorly structured. Furthermore, Moderna requested the exclusion of certain late submissions and expert opinions by GSK, which GSK defended as essential responses to Moderna's claims and strategies.