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Moderna has Already Lost the Legal War Against Pfizer for Royalties and is Being Set Up as a Global Criminal per US Military Contracts
The government licensed Moderna's intellectual property to Pfizer and promised royalty payments, but then promised Pfizer they would designate all of Pfizer’s vaccines as new inventions.
DISCLAIMER: I am an executive strategists, med-legal advisor, and analyst. In this article I identify areas of the Pfizer and Moderna contracts and lawsuits that strengthen Moderna’s case against Pfizer.
For the record, all of the COVID-19 shots are bioweapons, including Moderna’s. This information is meant for a corporate audience and not necessarily applicable to civilian criminal or civil lawsuits.
As a strategist, I am focused on Pfizer because they are the giant. I encourage US and global citizens to criminally charge Pfizer, Moderna, J&J, and other major manufacturers with developing, manufacturing, distributing, and promoting a bioweapon as a safe and effective vaccine.
Moderna Made a Deal with the Devil and Got Burned
The NIH and Moderna own dozens of COVID-19 mRNA nanotechnology patents and were expecting BIG payouts from global COVID-19 ‘vaccine’ sales, especially from Pfizer. Per Pfizer’s December 12, 2022, mRNA Portfolio presentation by Navin Katyal, Pfizer has captured 63% of the global mRNA vaccine market.
If one company received the royalty payouts on the global sales of Pfizer’s COVID-19 mRNA ‘vaccine’ alone, that company would likely be listed as a Fortune 500, except… Pfizer isn’t paying Moderna anytime soon. As a matter of fact, how does sometime around never sound?
In 2021, the NIH brought a lawsuit against Moderna; Moderna then brought a lawsuit against Pfizer and in December 2022, Pfizer countersued Moderna. What isn’t disclosed in Pfizer’s counter lawsuit against Moderna is that the government made a back-door deal with the devil himself.
US Government Forfeits All Ownership and Licensing Rights to Pfizer
It is general knowledge that when an organization contracts with the US government, everything the organization produces can become the property of the US government, including the intellectual property of the product (aka the patents). If the contract involves the first time a product is going from idea to being created as a prototype or manufactured, then under the Bayh-Dole Act (reduced to process) the patent ownership can also be transferred to US government.
Under Pfizer’s Operation Warp Speed contract, the US government FORFEITED the provisions under the Bayh-Dole Act allowing Pfizer/BioNTech. It is odd that US government completely forfeited the following three (3)government rights.
Per the contract;
The US government FORFEITS their rights to retain the intellectual property rights of Pfizer’s newly invented mRNA ‘vaccine’ nanotechnology;
The US government FORFEITS their rights that require Pfizer to manufacture their mRNA nanoparticle ‘vaccines’ in the United States and by US citizens;
The US government’s FORFEITS their rights to license Pfizer’s new mRNA nanoparticle patents to other manufacturers.
This is a very unique and extreme combination of exceptions that the US government made for Pfizer, that they didn’t make for Moderna or any other COVID-19 ‘vaccine’ manufacturer or subcontractor (i.e. potentially Thermo Fisher Scientific).
Per Moderna’s contract, under FAR 52.227-11, 35 USC 203 and 210 (but 210 is a forced licensing), the government can have Moderna to license their mRNA lipid nanotechnology patents to other companies under certain stipulations, such as to alleviate a health emergency, with reasonable clauses, such as limitations in geographic scope, timeframe of licensure, and royalty payments.
It should be obvious that Moderna licensed their mRNA technology to Pfizer under the terms in their contract and with expectation of being paid by Pfizer. Pfizer is claiming the mRNA technology they are using in their mRNA ‘vaccines’ is all their original invention and they don’t owe Moderna a dime, hence the lawsuits.
Moderna’s Lipid Nanoparticle Patents Were Legally Stolen By Pfizer
While Moderna may believe they still have ownership of their mRNA technology patents, this is simply a temporary delusion until the government seizes them. Under 35 USC 210, per the Stevenson-Wydler Technology Innovation Act of 1980, “the US government has the option of acquiring title to any invention conceived under the auspices of the Center that was supported at least in part by Federal funds.”
Moderna’s patents were partially funded by the NIH and are subject to being seized. In addition to receiving NIH or other government funding, the criteria to having their mRNA nanoparticle intellectual property seized by the US government are;
submit the patent with a list of countries in which patent applications were filed;
intend to promote the commercialization of such invention with royalties to be used for compensation to the inventor;
make periodic reports to the government;
grant any Federal agency, i.e. BARDA, the royalty -free right to use such invention; and
grant the right to acquire title to any patent on an invention in any country where a patent application has not been timely filed.
Moderna’s gene-editing lipid nanoparticle patents appear to meet this criteria, as do other COVID-19 vaccines technologies, potentially even some of Thermo Fisher Scientific’s patents.
Per a copy of GeoVax’s royalty agreement with the US government to manufacture a COVID-19 vaccine, GeoVax was granted licensure to up to 32 patents from around the world, including China. (See bullet point 5 above).
It’s reasonable to assume that Pfizer was granted licensure to these patents and many more, including all of Moderna’s mRNA nanoparticle technology patents.
What Pfizer hasn’t disclosed in their countersuit to Moderna is that the US government not only forfeited the Bayh-Dole Act’s provisions for government ownership, but under Pfizer’s contract, the US government licensed dozens of patents for the COVID-19 mRNA lipid nanoparticle technology to Pfizer, but then specifically used the term prototype in the introduction and added a reduced to practice clause.
Per the contract, “…all inventions conceived or first actually reduced to practice…shall be owned by Pfizer.” Reduction in practice is the first time that a patent goes from idea to creation for intended use and that then establishes the manufacturer (Pfizer) as the original inventor.
This means that once Pfizer manufactured their first COVID-19 mRNA vaccine for the COVID-19 clinical trials, Pfizer became the new owners of the intellectual the mRNA lipid nanoparticle technology that was invented by the NIH, Moderna and potentially hundreds of other inventors from around the globe.
Unlike Moderna’s contract, Pfizer’s contract uses the term prototype in the Introduction section of the contract. The term prototype was strategically selected to establish Pfizer as the original inventor of all of the mRNA vaccines developed by Pfizer under this contract because prototype is a legal term to identify a new invention. The term prototype is further confirmed by the reduction to practice clause under 7.1 Inventions to ensure Pfizer’s ownership independent of Moderna and independent of the US government.
When, not if, but when the US government enacts the Stevenson-Wydler Technology Innovation Act, the government will transfer Moderna’s patents to Pfizer as well as any Chinese, European, Japanese and other nations’ or individuals patents that were partially funded by the NIH.
Pfizer is Giving Moderna the Biggest Burn in Biotech History
While Pfizer has NO prior history of working with the US government on this type of technology, Moderna has been developing their mRNA nanoparticle technology for over a decade in partnership with the US government. It must feel like a punch in the gut to have Pfizer just swoop in, kick Moderna out and then slam the door in their face. I can’t imagine what Moderna CEO, Stephane Bancel’s reaction is going to be when he realizes that Albert Bourla, Pfizer CEO, made a back-door deal with Pfizer locking him out of from receiving royalties from his company’s decades of research and patented inventions.
Will Stephane shout, “This is not fair!!! They can’t do this to me! Our company’s creation and very existence is based on our mRNA nanoparticle technology patents and now Albert Bourla has stolen everything. Pfizer can’t get away with this!”
Unfortunately Pfizer can get away with stabbing you in the back Stephane. Under the Pfizer’s contract and the US government patent and contracting laws, Pfizer’s intellectual property theft is legal. Fraud is even legal, so don’t even try that angle.
If the US government is working with an organization that intentionally misrepresents data, a product, manufacturing quality, or 'whatever’, but the government doesn’t stop paying that organization, then it’s not fraud per the 2016 Escobar case.
Can Moderna Stop Pfizer from Stealing Everything?
Stephane Bancel has been misled, conned and stabbed in the back by Pfizer CEO, Albert Bourla and there is nothing MODERNA can do about it. Sound familiar?
Well, there is one way Moderna could stop Pfizer from stealing all of their intellectual property. Moderna could prove that Pfizer’s contract with the US military is an unlawful contract and therefore null and void.
How could Moderna possibly prove Pfizer’s contract is unlawful if under government contract laws combined with EUA laws, nearly every crime imaginable is now legal?
“There is one crime that is not legal under any US laws, US military laws, global military laws, or any other nations’ laws and that is manufacturing a bioweapon and then distributing it amongst global civilian populations.” - Karen Kingston
Under 18 USC 175, “anyone who knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so shall be fined under this title or imprisoned for life or any term of years, or both.”
Pfizer was contracted to develop a “vaccine that is capable of providing protection against the SARS-CoV-2 virus and related coronaviruses.”
In other words, Pfizer did indeed create a ‘new class of product’ that is a “biological agent, toxin, and delivery system (lipid nanoparticles) for other than prophylactic, protective, bona fide research, or other peaceful purposes.” Pfizer’s new class of product is called a bioweapon.
Pfizer Called All The Shots to Invent, Manufacture, Approve and Distribute their ‘New Trade-Secret’ mRNA Product, not the Government
Unlike Moderna’s contract, Pfizer was granted ALL the authority from the US government to develop, manufacture and evaluate the safety and efficacy of their ‘new category of mRNA vaccine.
Pfizer controlled; FDA clinical trials, FDA data editing and submission, clinical research data disclosures by the FDA, government inspections of manufacturing facilities, safety data monitory, and the marketing and promotion of their trade-secret bioweapons as a ‘safe and effective’ vaccines. Moderna was delegated none of this authority under their contract, and was in fact was highly controlled by the US government given a huge burden of liability.
Moderna’s contract is the complete opposite of Pfizer’s. Moderna was under the direct control and orders of BARDA. Per the contract, BARDA demanded to have 15 days to review and edit the Moderna Phase 3 data before submitting it to the FDA and Moderna had to have a BARDA staff member attend every FDA meeting.
While Pfizer’s contract that their FDA clinical trials, mRNA vaccine inventions, and parts of their manufacturing process operate independent of the US government, Moderna’s contract says the exact opposite, demanding Moderna publicly state BARDA’s and US government’s involvement in their mRNA technology development and manufacturing.
Moderna was Set Up to Have their Patents Stolen while Pfizer Erases the Real Inventors’ Contribution History
Pfizer and the US government are setting Moderna up to have all of their mRNA nanoparticle intellectual property seized under Stevenson-Wydler Technology Innovation Act .
I discuss the top line differences between the Moderna and Pfizer DoD contracts in this January 26th interview with Stew Peters from a year ago.
January 26, 2022, at the 45:50 mark;
“I want to share the three major contracts with Moderna, Johnson & Johnson, and Pfizer because it indicates that with the Moderna contract for example, HHS had authority to manipulate the data that was submitted to the FDA. And with the Pfizer contract with the US army, it appears that it was delegated to Pfizer to have the ability to manipulate the data that was submitted to the FDA. I just want to dive in and show some of these contracts.”
- Karen Kingston, Stew Peters, January 26, 2022
If Moderna believes charging Pfizer with developing a bioweapon directly incriminates Moderna because it was based on their patented mRNA technology, in Moderna’s defense, they should assert that Pfizer developed a completely different mRNA nanoparticle technology that was not a vaccine per Pfizer’s own statements submitted in court. Per a December 5th REUTERS article;
Pfizer and BioNTech said in their Monday filing that they developed their vaccine independently, calling Moderna's lawsuit "revisionist history" and arguing its patents "far exceed its (Moderna’s) actual contributions to the field."
Pfizer is stating that even though Moderna’s mRNA nanotechnology was licensed to them, it was grossly ineffective, so Pfizer had to create their own mRNA nanotechnology.
Per the contract , Pfizer then filed trade secrets for Moderna’s and the NIH’s nanotechnology invention in order to hide the history of the stolen patents and original inventors from the public’s eye.
“If invented solely by Pfizer, Pfizer will be able to elect, in its discretion, whether to hold Subject Inventions as trade secrets…Pfizer does not grant to the Government a license to practice any Subject Inventions on behalf of the Government.”
The US government states that if Pfizer develops their own nanoparticle technology, Pfizer can keep it as a trade secret. Per this contract, all of Pfizer’s ‘vaccines’ are new inventions, per the term prototype and reduction to process phrase.
Pfizer Turned Moderna’s Nanoparticle Technology into a Bioweapon while Keeping the Government in the Dark under Trade Secret Law
What Pfizer and the US military did to Moderna is typical of dirty, but legal, business practices. The military had Moderna license their intellectual property to Pfizer and promised Moderna royalties, but then promised Pfizer the military would designate all of Pfizer’s vaccines as new inventions that were not subject to government ownership and could be files as trade secrets.
If we go back to the lawsuit, Pfizer admits to having access to Moderna’s nanoparticle technology but states that they made a ‘far superior’ nanoparticle technology that basically isn’t even in the same category.
Wait..so if Pfizer basically created a new category of product in the field of ‘vaccine’ nanoparticle technology, could that new category be a bioweapon?
I would argue that Pfizer stole Moderna’s nanotechnology property that had the potential to be used as vaccine but turned it into a bioweapon and bullied the FDA into approving their bioweapon.*
*I do not believe Moderna’s COVID-19 injections are vaccines. Moderna’s injection are bioweapon as are all COVID-19 injections.
Did Pfizer ever tell the DoD, FDA or other US government agencies what the trade secret biological-bioweapon agents, toxins and technologies are in Pfizer’s COVID-19 vials are? Pfizer’s trade secret status is why Pfizer’s drug substances (toxins) and lipid nanoparticle preparation processes for their COVID-19 ‘vaccines’ is blank (from Pfizer’s FDA-approval documents).
Because Pfizer’s trade secret lipid nanoparticle formulation does NOT prevent infection or disease, was not done under bona fide research, and causes disease, disabilities and death, it is not a vaccine. Pfizer’s trade secret invention is indeed a new class of product for mRNA nanoparticle technology. Pfizer’s mRNA lipid nanoparticle product is the first FDA CRIMINALLY APPROVED BIOWEAPON.
What Criminal Case Could Moderna Have Against Pfizer?
Pfizer was contracted by the US military to develop a vaccine. Instead Pfizer stole Moderna’s vaccine mRNA nanotechnology, weaponized it, hid the weaponized modifications from the US government and FDA and then unleashed a bioweapon on the global civilian population, making Pfizer’s contract unlawful and null and void.
Unlike Pfizer, Moderna operated under the direct supervision and control of BARDA and the US government. Pfizer acted independent of the US government and military providing the criminal organization with the opportunity to develop a bioweapon. Pfizer bullied the FDA into enabling them to manufacture, test, distributed, market and release a bioweapon on the US and global civilian population which is in violation of 18 USC 175, the Uniform Code of Military Justice, the Biological Weapons Convention, the Geneva Convention, and many international laws of war that protect against crimes against humanity.
If Moderna pursues criminal charges against Pfizer, Moderna can file a civil injunction to immediately cease all sales, distribution and manufacturing of Pfizer’s bioweapon mRNA nanoparticle technology in the United States.
Once Pfizer’s contract is null and void, Moderna can demand the return of their patents, licenses, and the release of and nullification and voiding of Pfizer’s trade secrets as they were based on Moderna’s stolen patents under an unlawful contract. Moderna can sue Pfizer for stealing their mRNA gene-editing nanoparticle technology and changing it into a bioweapon, a weapon of mass destruction.
Under 18 USC 175, Moderna can file an injunction against Pfizer globally and sue Pfizer in non-US countries where Pfizer’s mRNA nanoparticle bioweapons were made available.
Albert Bourla has often spoken at the World Economic Forum about how pleased he was that the biotech and manufacturing companies were all working together to get the mRNA ‘vaccines’ manufactured and distributed globally. He talks about how many of the mRNA deals were done on a gentleman’s agreement and a handshake. I’m sure many CEO’s, including Stephane Bancel, were told they were part of Albert Bourla’s club.
One thing I’ve learned in my 25 years experience in this cut-throat industry and in life in general, is that if someone tells you you are part of their club, it’s because you’re not part of their club. They tell you what it is you need to hear so that you trust them and so that they can use you. Actions, evidence, and contracts matter, not spoken words.
Moderna Has Been Set Up to Be Charged and Convicted with the Greatest Crime in Human History While Pfizer Gets Away with Murder
Unlike Pfizer’s contract, Moderna’s contract is written to set Moderna up as the fall guy for unleashing a bioweapon on global citizens. Global citizens will be pressing criminal charges and Pfizer is ensuring someone can be blamed, just not Pfizer.
Moderna’s contract even has a clause entitled Protection of Human Subjects, while Pfizer’s contract has no such clause.
Pfizer and the US government have already robbed Moderna blind. If Moderna does not act quickly and strategically, Stephane Bancel and Moderna will criminally charged for unleashing a bioweapon on global citizens. Moderna is destined to lose all of their intellectually property rights, either for acting criminally or under the Stevenson-Wydler Technology Innovation Act.
If I were an advisor to the CEO of Moderna, I’d recommend Stephane Bancel take the knife out his back and turn it on Albert Bourla immediately by criminally charging him and Pfizer for stealing Moderna’s nanotechnology and turning it into bioweapon. I’d recommend the Moderna legal team work swiftly, as Pfizer has already set Moderna up for the criminal charge of developing and unleashing a bioweapon as Moderna had to ensure human safety per their contract, but Pfizer did.
Stephane Bancel and Moderna’s executive team should swiftly change who they are doing business with. As the expression goes, when you make a deal with the devil, you get burned.
The Kingston Report. TRUTH WINS.
Whoever winks with their eye is plotting perversity. Whoever purses their lips is bent on evil.
The uncomfortable truth is that we all have been lied too and deeply betrayed by leaders we trust, and some we even adored. All offices of power across our nation; from our President and Federal Healthcare agencies to our local governors, mayors, city counsel members, and even our health care service providers, employers, and school boards members. If you’re questioning on how to know if a government, public official or even if your employer or school is an ally of the American people of our children, there is a simple challenge to give them;
Demand Local Officials Take Down COVID-19.
Call for governors, attorney generals, mayors, school boards, colleges and universities, health care officials, health care centers, businesses, and churches to;
Make a public declaration that COVID-19 mRNA vaccines cause disease and death and must be banned and recalled immediately
Immediately STOP ALL COVID-19 testing, treatments and mRNA vaccines
REJECT and STOP ALL FUNDING for all COVID-19 programs
*CALL FOR GOVERNORS and Attorney Generals to CRIMINALIZE the promotion and administration of mRNA vaccines
*Governors have the power to reject the HHS declaration that SARS-CoV-2 is a threat to public health and national security and to criminalize the use of all EUA designated COVID-19 products, tests, and mRNA vaccines. Attorney generals have the right to seize and destroy all COVID-19 mRNA injections. Demand that they do.