In a lawsuit brought in federal court in Delaware, GlaxoSmithKline (GSK) allege an action for infringement of U.S. Patent Nos. 8,563,002, 11,261,239, 11,629,181 and 11,655,284 out of the manufacture, importation, offer for sale, and sale by defendant Pfizer (PFE) of a respiratory syncytial virus, or “RSV,” vaccine infringing one or more claims of the GSK patents. On May 3, 2023, the U.S. Food and Drug Administration approved GSK’s vaccine for RSV under the trade name Arexvy, making it “the first FDA-approved RSV vaccine,” the court filing noted. “Upon information and belief, Pfizer’s manufacture, use, offer for sale, sale, and/or importation of Abrysvo in the United States infringes one or more claims of the GSK Patents,” the lawsuit alleges. Following approval of GSK’s Arexvy, the FDA also approved Pfizer’s RSV vaccine for adults 60 years of age and older under the trade name Abrysvo, the filing noted.
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