Pharmaceutical Drama: Curevac's Coronavirus Vaccine Patent Bites the Dust
The Federal Patent Court has served up a major blow to Tübingen-based pharmaceutical giant Curevac, declaring their fundamental coronavirus vaccine patent invalid. This decision follows a lawsuit brought against the company by Mainz-based competitor Biontech, which led to Curevac's shares losing a third of their value.
In response, Curevac has announced its intention to appeal to the Federal Court of Justice. The controversial patent, which Curevac applied for in 2007 and was granted by the European Patent Office for 20 countries in 2010, centers around a method of overcoming the disadvantages of vaccines using the messenger molecule mRNA and increasing their effectiveness.
But the drama doesn't end there. Curevac also recently filed a lawsuit against Biontech and its US partner Pfizer at the Düsseldorf Regional Court, claiming infringement of several of its patents associated with the production of their successful coronavirus vaccine.
The stakes are high, with Biontech reporting profits of €10.3 billion in 2021 and €9.4 billion in 2022. However, the Munich proceedings are just one piece of the broader dispute.
Meanwhile, Biontech was successful in its own lawsuit against Curevac, managing to get a fundamental Curevac patent declared null and void in the Federal Patent Court in Munich. The Düsseldorf Regional Court simply adjourned the proceedings until December 28 to await the decision of the federal judges.
Curevac, based in Baden-Württemberg, claimed to have developed core technologies that significantly contributed to the development of effective Covid-19 vaccines. The company was unable to bring a coronavirus vaccine to market in time but is currently working on new diagnostic and therapeutic approaches using mRNA.
And what about Biontech and Pfizer? They're facing their own challenges. The market for Covid-19 vaccines has collapsed, and Biontech is struggling with shrinking sales. Meanwhile, US partner Pfizer had to write down billions on its inventories and slipped into the red last quarter.
Behind the Scenes:
The patent dispute between Curevac and Biontech also extends to patents in the USA, where a significant portion of the coronavirus vaccine was produced. However, the outcome has been mixed, with the German Federal Patent Court nullifying a process patent, while the English High Court found remaining Curevac patents invalid for insufficiency in the UK. Ongoing disputes focus on licensing agreements and royalty payments.
Curevac's loss of the patent has had significant implications for major Pharmaceutical companies like Pfizer, leading to struggles with declining sales and shrinking profits, relying on COVID-19 vaccines for much of their revenue.
It's clear that the pharmaceutical industry can be as cutthroat as it is innovative, with patent disputes and competition for market share driving the sector. As the world continues to grapple with the ongoing challenges of the coronavirus pandemic, the drama surrounding Curevac and Biontech is a stark reminder of the high-stakes game at play in the pharmaceutical industry.
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