CureVac Receives Additional Positive Validity Decision from European Patent Office in Ongoing Litigation Against BioNTech SE
- Second consecutive patent validity win against BioNTech/Pfizer
- EPO upholds CureVac's foundational mRNA technology patent claims
- Potential for damage compensation if infringement is proven in July hearing
- Patent claims required amendments to specify protection scope
- Final infringement decision and potential damages still pending
Insights
Second patent validity win strengthens CureVac's position against BioNTech, increasing potential for significant damages award in July hearing.
This patent decision represents a significant legal victory for CureVac in its ongoing intellectual property dispute with BioNTech and Pfizer. The European Patent Office has now upheld the validity of two key patents (EP 4 023 755 B1 and previously EP 3 708 668 B1) related to CureVac's foundational split poly-A tail technology—a critical component that enhances protein expression in mRNA constructs.
While the patents were maintained in amended form (meaning some claims were narrowed), having two upheld patents substantially strengthens CureVac's position heading into the July 1, 2025, infringement hearing at the Regional Court Düsseldorf. This dual-patent approach provides CureVac with multiple avenues to establish infringement, as the company only needs to prevail on one patent to trigger damages proceedings.
The split poly-A tail technology is particularly important because it improves the medical efficacy of mRNA therapies by enhancing protein expression—potentially a foundational component of BioNTech's successful COVID-19 vaccine. If infringement is established, CureVac could be entitled to significant royalties from BioNTech's substantial COVID-19 vaccine revenue.
The fact that CureVac has retained prominent legal representation from both Bird & Bird and Marshall, Gerstein & Borun indicates they are committing substantial resources to this litigation, suggesting high confidence in their position and the potential value of a favorable judgment. These consecutive validity wins demonstrate the robustness of CureVac's patent portfolio in what could become a landmark case in mRNA intellectual property rights.
European Patent Office largely dismisses opposition filed by BioNTech SE, Pfizer Inc., and others in December 2023 challenging validity of EP 4 023 755 B1 and maintains the patent subject to amendments to specific patent claims
A hearing on infringement of EP 4 023 755 B1 which will also include EP 3 708 668 B1, the validity of which was confirmed in amended form in March 2025, is scheduled for July 1, 2025, before the Regional Court Düsseldorf, Germany
TUBINGEN, GERMANY AND BOSTON, MA / ACCESS Newswire / May 15, 2025 / CureVac N.V. (NASDAQ:CVAC) ("CureVac"), a global biotech company developing a new class of transformative medicines based on messenger ribonucleic acid ("mRNA"), today announced that the European Patent Office (EPO) has confirmed the validity of CureVac's European patent EP 4 023 755 B1 subject to amendments to specify the scope of protection. This validity decision marks the second time the EPO has ruled in favor of CureVac, having decided in March to uphold the validity of patent EP 3 708 668 B1 also in amended form.
Following today's hearing, the EPO opposition division dismissed the oppositions and maintained the patent in amended form.
The ruling signals a positive development for CureVac in the ongoing patent litigation with BioNTech in Germany. The dispute encompasses a total of six intellectual property rights. With the validity of patent EP 4 023 755 B1 upheld in amended form, the Regional Court Düsseldorf will decide whether the patent in its amended form has been infringed. In the same hearing, taking place on July 1, 2025, the Court will hear the arguments on infringement of EP 3 708 668 B1, with a decision to come at a later date. A positive infringement decision on either or both patents would trigger proceedings to assess damages in the same court.
Like EP 3 708 668 B1, patent EP 4 023 755 B1 describes split poly-A tail technology, which enhances medical efficacy by improving expression of the protein encoded on an mRNA construct, a foundational invention of CureVac.
CureVac is represented in Germany by Oliver Jan Jüngst from Bird & Bird LLP and Andreas Graf von Stosch from Graf von Stosch Patentanwaltsgesellschaft and represented in the U.S. by Mark H. Izraelewicz from Marshall, Gerstein & Borun LLP and John M. Erbach from Spotts Fain, PC.
About CureVac
CureVac (Nasdaq:CVAC) is a pioneering multinational biotech company founded in 2000 to advance the field of messenger RNA (mRNA) technology for application in human medicine. In more than two decades of developing, optimizing, and manufacturing this versatile biological molecule for medical purposes, CureVac has introduced and refined key underlying technologies that were essential to the production of mRNA vaccines against COVID-19, and is currently laying the groundwork for application of mRNA in new therapeutic areas of major unmet need. CureVac is leveraging mRNA technology, combined with advanced omics and computational tools, to design and develop off-the-shelf and personalized cancer vaccine product candidates. It also develops programs in prophylactic vaccines and in treatments that enable the human body to produce its own therapeutic proteins. Headquartered in Tübingen, Germany, CureVac also operates sites in the Netherlands, Belgium, Switzerland, and the U.S. Further information can be found at www.curevac.com.
CureVac Media and Investor Relations Contact
Corporate Communications and Investor Relations
CureVac, Tübingen, Germany
T: +49 7071 9883 - 0
communications@curevac.com
Forward-Looking Statements CureVac
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SOURCE: CureVac
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