From Crops to COVID: The Impact of Bayer CropScience’s Patent Infringement Assertion against Pharma

DDE-1-26-cv-00012-1 Bayer_v_Moderna Complaint.pdf

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The lawsuits filed by Bayer CropScience and its Monsanto affiliates against Moderna, Pfizer, and Johnson & Johnson highlight how foundational biotechnology patents can transcend industry boundaries. Although the asserted US 7,741,118 patent originated in agricultural biotechnology research, it now sits at the center of a dispute relating to modern mRNA vaccine development.

At issue is a platform patent covering methods for stabilizing mRNA and improving protein expression by modifying coding sequences, specifically ATTTA sequences. Developed in the 1980s to address poor levels of expression of bacterial and viral genes in plants, Bayer alleges that these methods found utility decades later in addressing similar challenges with mRNA vaccines, where unstable RNA was undermining therapeutic efficacy of COVID-19 vaccines.

For the pharmaceutical industry, the case underscores the importance of broad freedom-to-operate analyses that extend beyond the traditionally searched patent landscapes. Now, patents from agribusiness and industrial biotechnology, and perhaps even beyond, may potentially cover essential steps in modern therapeutic development. Although injunctions are unlikely given the importance of effective healthcare options, royalty exposure can be substantial. And whether the economic impact comes in the form of foregone revenue or simply added expenses, an adverse judgment affects the bottom line.

These cases also reinforce the value of platform patents as long-term revenue assets. Bayer isn’t asking to halt vaccine production; instead, it seeks reasonable royalties, reflecting a growing trend toward monetization rather than exclusion in high-impact technologies.

For agribusiness companies, the lawsuit validates early investments in enabling technologies. Patents developed for crop protection and plant genetics may create far broader monetization opportunities than were expected initially as biological innovation converges across sectors. Companies holding deep legacy portfolios may want to reassess the value and enforceability of their older patents.

Although the cases are in early stages and all players will have to see how they play out, ultimately, the very fact that these cases exist serves as a cautionary tale and a roadmap. Innovators in both the pharmaceutical and agribusiness spaces should anticipate cross-industry IP risks, invest in early licensing strategies, and draft patents with an eye toward future, unforeseen applications.

Bayer CropScience LLC et al v. Moderna, Inc. et al., 1-26-cv-00012 (D. Del.); Bayer CropScience LLC et al v. Pfizer, Inc., 1-26-cv-00013 (D. Del.); and Bayer CropScience LLC et al. v. Johnson & Johnson, Inc. et al, 3-26-00071 (D.N.J.)