CureVac sues BioNTech over mRNA technology
Germany-based CureVac has accused BioNTech of infringing four patents related to messenger ribonucleic acid (mRNA) technology.
In an announcement published on Monday, July 4, CureVac said that it had “moved to assert its intellectual property rights, accumulated over more than two decades of pioneering work in mRNA technology”.
mRNA technology contributed to COVID-19 vaccine development and, according to CureVac, its own IP portfolio protects multiple inventions that are “considered essential to the design and development of BioNTech’s SARS CoV-2 mRNA vaccine, among others”.
Filed in the German Regional Court in Düsseldorf, the suit accuses BioNTech of infringing EP 1,857,122 B1, DE 20,2015,009,961 U1, DE 20,2021,003,575 U1 and DE 20,2015,009,974 U1.
The patents relate to the engineering of mRNA molecules, including sequence modifications to increase stability and enhance protein expression, as well as mRNA vaccine formulations specific to SARS CoV-2 vaccines.
CureVac said it doesn’t intend to seek an injunction or to take legal action that would impede the production, sale or distribution of Comirnaty, BioNTech and Pfizer’s mRNA COVID-19 vaccine.
“CureVac considers the rapid development of these vaccines a tremendous achievement, with unprecedented positive impact for global public health. This achievement is based on decades of scientific research and innovation, supported by CureVac as the earliest pioneer in mRNA technology,” said CureVac.
The German-based firm added that its IP rights need to be acknowledged and respected in the form of a “fair compensation”.
In response, BioNTech said its work was original, and it would vigorously defend it against all allegations of patent infringement.
“However, we are aware that it is not unusual that other companies in the pharmaceutical industry, having witnessed the success of Comirnaty, are now suggesting that the vaccine potentially infringes their IP rights,” said BioNTech.
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