Image source: Shutterstock

Highlights:

  • European Patent Office upholds validity of EP 4 023 755 B1 in amended form, marking CureVac's second favourable decision.
  • Infringement hearing involving two key patents, EP 4 023 755 B1 and EP 3 708 668 B1, set for July 1, 2025, in Düsseldorf.
  • Patents cover split poly-A tail mRNA technology, a foundational CureVac innovation enhancing therapeutic efficacy.

CureVac N.V. (NASDAQ: CVAC), a global biopharmaceutical leader in messenger RNA (mRNA) innovation, has secured another key legal victory in its ongoing patent litigation against BioNTech SE. The European Patent Office (EPO) has upheld the validity of CureVac’s European patent EP 4 023 755 B1, albeit in an amended form, following a challenge from BioNTech SE, Pfizer Inc., and others.

The ruling, delivered after an opposition hearing, largely dismissed the objections raised in December 2023, thereby reinforcing CureVac’s intellectual property portfolio. The EPO decision confirms the second patent win for CureVac in this dispute, following a similar ruling in March 2025 that validated the company’s earlier patent, EP 3 708 668 B1, also in amended form.

Both patents at the center of the dispute EP 4 023 755 B1 and EP 3 708 668 B1 cover CureVac’s innovative split poly-A tail technology. This proprietary technique significantly enhances the expression of proteins encoded on mRNA constructs, boosting the efficacy of mRNA-based therapeutics and vaccines. The technology is considered a foundational advancement in the field of mRNA medicine and a cornerstone of CureVac’s platform.

The ongoing legal battle encompasses six intellectual property rights and is being closely watched by the biotech sector. The next major step in the litigation will be a hearing on July 1, 2025, at the Regional Court in Düsseldorf, Germany. At that time, the court will assess whether the amended version of EP 4 023 755 B1 has been infringed by BioNTech. Arguments related to the infringement of EP 3 708 668 B1 will also be presented. Should the court find in CureVac’s favor on either or both patents, it will pave the way for damage assessment proceedings.

CureVac is represented in Germany by Oliver Jan Jüngst of Bird & Bird LLP and Andreas Graf von Stosch of Graf von Stosch Patentanwaltsgesellschaft. In the United States, legal representation is provided by Mark H. Izraelewicz of Marshall, Gerstein & Borun LLP and John M. Erbach of Spotts Fain, PC.

Founded in 2000, CureVac has spent more than two decades developing cutting-edge mRNA-based technologies for therapeutic and prophylactic use. The company played a pioneering role during the COVID-19 pandemic and is now expanding its pipeline to include personalized cancer vaccines, prophylactic vaccines, and therapies that enable the human body to generate its own therapeutic proteins. Headquartered in Tübingen, Germany, CureVac also operates in the Netherlands, Belgium, Switzerland, and the United States.