Moderna believes that Pfizer/BioNTech's COVID-19 vaccine infringes patents filed between 2010 and 2016 covering foundational mRNA technology, critical in creating Moderna's mRNA COVID-19 vaccine.

Moderna says that at first, Pfizer and BioNTech took four different vaccine candidates into clinical testing. They ultimately decided to proceed with a vaccine with the same mRNA chemical modification to its vaccine.

Moderna scientists introduced the mRNA into the body in 2010 and were the first to validate it in human trials in 2015.

Secondly, despite having many different options, Pfizer and BioNTech copied Moderna's approach to encode the full-length spike protein in a lipid nanoparticle formulation for a coronavirus. 

Moderna scientists developed this approach by creating a vaccine for Middle East Respiratory Syndrome years before COVID-19 emerged.

Price Action: MRNA shares are up 0.04% at $142.10, PFE shares are down 0.81% at $47.51, and BNTX stock is down 2.28% at $145.18 during the premarket session on the last check Friday.