The European Patent Office (EPO) has confirmed the validity of CureVac's European patent EP 3 708 668 B1, marking a significant victory for the company in its ongoing intellectual property litigation against BioNTech SE. The EPO largely dismissed BioNTech's opposition filed in April 2023 that challenged the patent's validity, maintaining the patent in amended form with specifications to the scope of protection.
The patent describes CureVac's split poly-A tail technology, a foundational invention that enhances medical efficacy by improving protein expression encoded on an mRNA construct. This technology is considered a key component in the development of effective mRNA-based medicines.
"We welcome the decision of the EPO to uphold EP 3 708 668 B1 and remain confident that the patent is infringed in its amended form," said Dr. Alexander Zehnder, Chief Executive Officer of CureVac. "Today's decision marks an important step on our path that we expect will lead to recognition of CureVac's major contribution to safe and efficacious COVID-19 vaccines as the earliest pioneer in mRNA technology."
Upcoming Infringement Proceedings
Following this validity decision, the Regional Court Düsseldorf will determine whether the patent in its amended form has been infringed by BioNTech. An infringement hearing is scheduled for July 1, 2025. Should the court rule in CureVac's favor, it would trigger subsequent proceedings to assess damages.
The case represents just one part of a broader patent dispute between CureVac and BioNTech in Germany, which involves a total of six intellectual property rights. CureVac has positioned itself as an early pioneer in mRNA technology, with more than 20 years of expertise in developing and optimizing mRNA for medical applications.
CureVac's mRNA Technology Platform
CureVac's proprietary technology centers on the use of optimized mRNA as a data carrier to instruct the human body to produce its own proteins capable of fighting various diseases. The company has built a clinical pipeline spanning prophylactic vaccines, cancer therapies, antibody therapies, and treatments for rare diseases.
In July 2020, CureVac entered a collaboration with GSK to jointly develop new products in prophylactic vaccines for infectious diseases based on its second-generation mRNA technology. This partnership was later expanded to include the development of second-generation COVID-19 vaccine candidates and modified mRNA vaccine technologies.
Implications for the mRNA Field
The ruling has significant implications for the rapidly evolving mRNA therapeutics landscape. As one of the earliest companies to work with mRNA technology, CureVac has been seeking recognition and fair compensation for its contributions to the field, particularly in light of the successful deployment of mRNA vaccines during the COVID-19 pandemic.
"This effort is a multi-step process in Europe and the U.S.," Dr. Zehnder noted. "We remain determined to have our contributions to the field of mRNA technology acknowledged and fairly compensated, and to continue making advances that expand the frontiers of mRNA-based medicines."
CureVac is represented in Germany by Oliver Jan Jüngst from Bird & Bird LLP and Andreas Graf von Stosch from Graf von Stosch Patentanwaltsgesellschaft, and 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 global biopharmaceutical company headquartered in Tübingen, Germany, with more than 1,100 employees across sites in Germany, the Netherlands, Belgium, Switzerland, and the U.S. The company has been at the forefront of mRNA technology development for over two decades, focusing on using optimized mRNA to instruct the human body to produce its own proteins to fight a range of diseases.
The company continues to advance its proprietary technology platform while expanding its clinical pipeline across multiple therapeutic areas, positioning itself as a key player in the growing field of mRNA-based medicines.
