Moderna, Inc.

Item 1. Legal Proceedings

We are involved in various claims and legal proceedings of a nature considered ordinary course in our business, including those described under the heading “Legal Proceedings” in our 2025 Form 10-K and our Quarterly Reports on Form 10-Q for the quarterly periods ended March 31, 2026 and June 30, 2026. Most of the issues raised by these claims are highly complex and subject to substantial uncertainties. For a description of risks relating to these and other legal proceedings we face, see Part I, Item 1A., “Risk Factors,” of our 2025 Form 10-K, including the discussion under the headings entitled “Risks related to our intellectual property” and “Risks related to the manufacturing of our commercial products and product candidates.” The outcome of any such proceedings, regardless of the merits, is inherently uncertain; therefore, assessing the likelihood of loss and any estimated damages is difficult and subject to considerable judgment.

GSK Patent Litigation

We and GSK Biologicals S.A. (GSK) entered into an agreement on October 28, 2026, to settle all disputes between the parties which were pending in the U.S. and Europe. Pursuant to the agreement, the parties granted patent cross-licenses in the field of infectious disease and are not obligated to make payments of any kind in connection with such licenses.

Pfizer/BioNTech Patent Litigation

As more fully described in our 2025 Form 10-K, we brought patent infringement actions against Pfizer Inc. (Pfizer), BioNTech SE (BioNTech) and related entities in Germany, the Netherlands, the UK, Ireland and Belgium concerning our mRNA platform technology and disease-specific vaccine designs. In September 2026, the Technical Board of Appeal of the European Patent Office revoked our European Patent No. 3 590 949 in all contracting states, including Germany, the Netherlands, the UK, Ireland and Belgium. Following this decision, the related national proceedings in Belgium, Ireland and the Netherlands have been dismissed. Proceedings in Germany and the UK remain pending awaiting the written decision of the Technical Board of Appeal.

In September 2026, we filed a complaint against Pfizer, BioNTech, and certain of their affiliates in the Hamburg Local Division of the Unified Patent Court (UPC) asserting our European Patent No. 3 981 437 to modified mRNA vaccines formulated in lipid nanoparticles. The complaint seeks a judgment of infringement of the asserted patent and unspecified damages.

CureVac Patent Litigation

In April 2026, CureVac Manufacturing GmbH filed a complaint against Moderna, Inc., ModernaTX, Inc., and certain of our affiliates in the Hague Local Division of the UPC asserting European Patent No. EP 4 108 769 related to mRNA production and purification methods. The complaint seeks a judgment of infringement of the asserted patent and unspecified damages.

In August 2026, CureVac SE filed a complaint against Moderna Biotech Spain S.L., Moderna Switzerland GmbH, Moderna Netherlands B.V., ModernaTX, Inc., Rovi Pharma Industrial Services S.A., and Recipharm Monts SAS in Commercial Court No. 5 of Barcelona, Spain, asserting European Patent No. 1 857 122 (EP’122) related to mRNA compositions with increased guanine and cytosine content. The complaint seeks a judgment of infringement of the asserted patent and unspecified damages.

In October 2026, CureVac SE filed a complaint against Moderna Switzerland GmbH, ModernaTX, Inc., Lonza AG, and Lonza Sales AG in the Swiss Federal Patent Court asserting EP’122 related to mRNA compositions with increased guanine and cytosine content. The complaint seeks a judgment of infringement of the asserted patent and unspecified damages.

Securities Class Action Litigation

As more fully described in our 2025 Form 10-K, in August 2024, a putative securities class action complaint was filed against Moderna and certain of its officers in the U.S. District Court for the District of Massachusetts. On October 8, 2026, the court issued a Memorandum & Order granting Moderna’s motion to dismiss. On October 13, 2026, the court entered an Order of Dismissal dismissing the action with prejudice. The decision is subject to appeal.