EQS-News
CureVac Receives Additional Positive Validity Decision from European Patent Office in Ongoing Litigation Against BioNTech SE
- CureVac wins EPO decision, patent validity upheld.
- BioNTech's opposition largely dismissed, claims amended.
- Infringement hearing set for July 1, 2025, Düsseldorf.
Issuer: CureVac / Key word(s): Patent
CureVac Receives Additional Positive Validity Decision from European Patent Office |
- 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
TÜBINGEN, Germany/BOSTON, USA – 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.