Pharma News: Court Nixes Curevac's Vaccine Patent in Germany
The Munich-based Federal Patent Court has invalidated a fundamental coronavirus vaccine patent held by Tübingen-based pharmaceutical firm Curevac. This decision, which followed a lawsuit brought by Mainz-based competitor Biontech, sent Curevac's shares plummeting by a third.
Curevac, in response, has announced plans to appeal the ruling at the Federal Court of Justice. The company first applied for the disputed patent in 2007 and secured it from the European Patent Office in 2010 for 20 countries. It concerns a method for enhancing mRNA vaccines' effectiveness, overcoming their usual drawbacks.
Curevac vs. Biontech: A Legal Battle
This patent case is only one part of the ongoing dispute between the two companies. In July 2022, Curevac filed a lawsuit at Düsseldorf Regional Court against Biontech and US partner Pfizer, alleging patent infringement. The German company seeks "fair compensation" for the alleged use of its intellectual property rights in the production of their successful coronavirus vaccine.
Biontech retaliated by bringing an action before the Federal Patent Court in Munich, successfully demanding vaulting Curevac's patent be declared null and void. The Düsseldorf Regional Court has postponed proceedings until Dec. 28 to await the Federal Patent Court's decision.
Conflict of Interest
Biontech's triumph in the patent suit underscores its research prowess, especially as it developed the world's first approved Covid-19 vaccine, Comirnaty, in 2020. This vaccine allowed for the vaccination of over a billion people globally.
Curevac, despite failing to bring a coronavirus vaccine to market in a timely manner, claims to have contributed significantly to Covid-19 vaccine development through its basic mRNA technologies. It "pioneered the potential of mRNA to treat diseases and produce vaccines."
Financial Stakes
The patent dispute is hugely financially significant, as Biontech made 10.3 billion euros in profit in 2021 and accumulated a bottom line of 9.4 billion euros in 2022.
Market Outlook
Curevac's struggle to commercialize a coronavirus vaccine and operate at a loss contrasts with Biontech's shrinking sales. US partner Pfizer written off billions on its inventories and reported red quarters, while Moderna recorded a billion-euro loss in the third quarter. The Covid-19 vaccine market has greatly contracted.
Enrichment Insights
- CureVac maintains a substantial intellectual property portfolio of approximately 1,000 issued patents covering mRNA technology, manufacturing, and mRNA-based vaccines and therapies[2].
- The patent dispute between CureVac and BioNTech involves ongoing litigation in the UK, patent interferences in the US, opposition proceedings in Europe, and legal disputes in multiple jurisdictions[1].
- Companies like CureVac, BioNTech, and Pfizer need to strategically navigate complex patent landscapes, providing various options such as patent pledges, licensing agreements, or seeking court judgments[1][2].
