The following is from Children’s Health Defense.

Bayer has filed a federal lawsuit accusing Pfizer, Moderna and Johnson & Johnson of unlawfully using genetic engineering technology originally developed by Monsanto as the platform for their Covid vaccines, according to Reuters.

Bayer acquired Monsanto in 2018 for $63 billion. The lawsuit claims the drugmakers relied on Monsanto’s patented “mRNA optimization” technology — originally created to genetically engineer crops — to stabilize genetic code and increase protein expression in their vaccines.

Although Johnson & Johnson used a viral vector rather than mRNA, the lawsuit alleges the company relied on the same patented genetic engineering techniques to stabilize and amplify protein expression.

The technology at issue centers on a patented method that removes so-called “problem sequences” from genetic code. These sequences, according to the complaint, can cause instability and poor protein expression. Removing them dramatically increases protein production across plant and animal cells.

Bayer traces the invention back to Monsanto scientists Dr. David Fischhoff and Dr. Fred Perlak, who developed the technology in the 1980s to engineer crops resistant to pests and viruses. Monsanto filed for the patent in 1989, though it was not issued until 2010.

According to the lawsuit, all three Covid vaccine makers used this patented process to modify the genetic instructions for the SARS-CoV-2 spike protein, removing roughly 100 destabilizing sequences to improve vaccine efficacy.

Despite the allegations, Bayer said it is not seeking to halt vaccine production. Instead, the company is seeking a share of profits from what it described as the most lucrative pharmaceutical products in history, along with royalties on future vaccine sales.

“Defendants have profited handsomely from infringing vaccine sales worldwide. The patent system provides an important, predictable framework for advancing scientific knowledge by allowing companies a limited period to recover at least a reasonable royalty for the unauthorized use of their patented inventions.

Plaintiffs seek this basic compensation afforded to a patent holder under the patent statute.”
— Bayer complaint

The lawsuit notes that Pfizer and BioNTech have reported more than $93 billion in Covid vaccine sales, while Moderna earned billions from its Spikevax vaccine. Johnson & Johnson stopped selling its Covid vaccine in the US in 2023.

Bayer has requested jury trials in all three cases.

The lawsuit unfolds as Bayer continues to face massive legal exposure tied to Monsanto’s Roundup weedkiller. Since acquiring Monsanto, Bayer has paid about $11 billion to settle nearly 100,000 lawsuits alleging glyphosate exposure caused cancer, with tens of thousands of cases still pending.

Bayer is also pursuing legislative and legal strategies to limit future liability, including efforts to secure broader legal protections for pesticide manufacturers.

For more information, read the full article here.