The mRNA-focused biopharma CureVac N.V. (Nasdaq:CVAC) has filed a lawsuit in the German Regional Court in Düsseldorf against BioNTech SE (Nasdaq:BNTX) demanding compensation for infringement of CureVac’s patents.
In particular, the lawsuit claims that the four German patents, EP 1 857 122 B1, DE 20 2015 009 961 U1, DE 20 2021 003 575 U1 and DE 20 2015 009 974 U1, were used in the manufacture of the Comirnaty COVID-19 vaccine from BioNTech and Pfizer (NYSE:PFE).
Investors reacted by sending CVAC shares down 1.05% to $14.09. Meanwhile, BNTX shares were up 2.24% to $161.03.
CureVac is not aiming to block the production or distribution of the COVID-19 vaccine.
Over the past year, CureVac has seen its stock valuation plummet after failing to commercialize its first-generation mRNA COVID-19 vaccine.
In June 2021, the company announced that the interim efficacy of the vaccine candidate was 47% in a Phase 2b/3 study.
CureVac is currently partnering with GSK to develop next-generation COVID-19 and flu vaccines, both of which are now in Phase 1 trials.
In a statement, BioNTech stated that it plans to “vigorously defend” its intellectual property rights against patent infringement allegations. The company added that it is “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 intellectual property rights.”
In 2021, the Comirnaty vaccine brought in $59 billion in cumulative revenue for BioNTech and Pfizer together.