CureVac’s Patent Invalidated in German Court, Legal Battle with BioNTech Continues\n\nA recent ruling by a German court has invalidated a patent central to CureVac N.V.’s legal battle against BioNTech SE. The patent in question is related to CureVac’s intellectual property rights utilized in BioNTech and Pfizer incorporated’s mRNA COVID-19 vaccine, Comirnaty. This decision represents the first ruling on validity in the ongoing patent litigation between the two companies in Germany.\n\nThe ruling affects one of eight CureVac intellectual property rights involved in the legal conflict. Proceedings will continue for the remaining seven rights, with decisions on validity, infringement, and potential damages to be made individually. As a result of this decision, a ruling on infringement of the German part of the patent, originally scheduled for December 2023, will likely be postponed.\n\nThe stakes are high for CureVac in this legal battle, with analysts highlighting the potential transformation of the company’s financial status if even a fraction of the revenues were awarded. The complexities and delays in the legal proceedings were also highlighted, with a separate patent infringement trial brought by CureVac against BioNTech being halted while awaiting decisions from German and European patent offices.\n\nThe legal tussle between CureVac and BioNTech extends beyond Germany, with a similar battle taking place in the United States. In May, CureVac was granted the transfer of an ongoing patent litigation filed by Pfizer and BioNTech to the Eastern District of Virginia. This transfer is expected to accelerate the progress of the litigation, with a likely trial date set for 2024.\n\nIn addition to the legal battle with BioNTech, CureVac is also facing a lawsuit from Acuitas Therapeutics in Virginia federal court. The lawsuit accuses CureVac of failing to credit Acuitas on patents related to COVID-19 vaccines.\n\n This setback, CureVac remains confident in the strength of its broad intellectual property portfolio and plans to appeal the decision before the German Federal Court of Justice. The company is committed to defending its intellectual property rights and will continue to enforce them against any infringements.\n\nIn a recent invalidation of CureVac’s patent in a German court has dealt a blow to the company’s legal battle with BioNTech.