Pfizer, BioNTech Can’t Shake Patent Suit Over Covid-19 Vaccine

Pfizer Inc. and BioNTech SE must face a patent suit alleging their Covid-19 vaccine was developed with the unauthorized use of a fluorescent protein, after a California federal judge denied their bid for a quick exit.

Allele Biotechnology and Pharmaceuticals Inc. sued Pfizer and BioNTech last year in the U.S. District Court for the Southern District of California, alleging the companies used its patented research tool to develop and test their vaccine candidate.

Pfizer and BioNTech argued the suit should be dismissed because their alleged use was protected under a patent law safe harbor. The Patent Act excludes uses of ...