A researcher holds up an mRNA-type vaccine candidate for coronavirus disease (COVID-19) in Saraburi province, Thailand, June 22, 2020. REUTERS/Athit Perawongmetha
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- HDT Bio accuses Indian drugmaker of stealing RNA technology
- Emcure is reportedly planning to go public on the basis of stolen technology
(Reuters) – Seattle biopharmaceutical company HDT Bio Corp has sued Indian generics maker Emcure Pharmaceuticals Ltd in a US court for allegedly stealing RNA delivery technology for use in its COVID-19 vaccine.
Monday’s lawsuit in Seattle federal court also said Emcure plans to go public in India based on the stolen technology and misappropriated trade secrets that HDT licensed to an Emcure subsidiary.
The lawsuit adds to a growing body of recent intellectual property disputes involving Pfizer, Moderna and others over the use of mRNA technology in COVID-19 vaccines.
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HDT is seeking at least $950 million in damages and a court order permanently barring Emcure from using its secrets.
Emcure and HDT did not immediately respond to requests for comment.
HDT said in the lawsuit that a self-amplifying RNA (saRNA) vaccine is being developed for COVID-19. According to HDT, saRNA improves on existing mRNA vaccine technology by reducing the risk of side effects such as myocarditis and allowing injections to be given at lower doses and stored in standard refrigerators.
The lawsuit alleges that HDT licensed its technology to Emcure subsidiary Gennova Biopharmaceuticals to develop a COVID-19 vaccine in India. However, Emcure reportedly claimed the technology in late 2021.
HDT said it will file a separate arbitration claim against Gennova in London in connection with the claims.
Emcure has applied for two Indian patents on HDT’s technology and has applied for an initial public offering in India, which falsely describes its “indigenously developed” vaccine as having a “proprietary mRNA platform,” the lawsuit says.
Gennova reportedly terminated its licensing agreement with HDT at Emcure’s request shortly after its CEO told HDT it would not pay royalties on vaccine sales.
The lawsuit says it would be “stunning” if Emcure developed the vaccine itself, considering Emcure has no experience with RNA vaccines or records of original product development.
“Emcure’s Cinderella story is a fairy tale spun to lure investors to a generic drug maker whose previous attempt to go public was thwarted by a lack of interest,” HDT said.
The case is HDT Bio Corp v. Emcure Pharmaceuticals Ltd, United States District Court for the District of Washington, No. 2:22-cv-00334.
For HDT: Peter Stris of Stris & Maher
For Emcure: n/a
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