BioNTech and Pfizer complain against CureVac in the US District Court

BioNTech and Pfizer complain against CureVac in the US District Court

BioNTech and Pfizer have asserted that the techniques and methods used in manufacturing the Covid-19 vaccine do not infringe upon any patents

Biotech giants BioNTech and Pfizer have filed a complaint for declaratory judgment of non-infringement in the US District Court of Massachusetts. The companies are seeking to quell claims of intellectual property violations by CureVac.

BioNTech and Pfizer collaborated in the development and distribution of their Covid-19 vaccine. The vaccine, trademarked as Comirnaty®, was the first successful mRNA drug product approved in the United States. It was expedited on an emergency basis by the Food and Drug Administration (FDA).

The vaccine was distributed to adults over 16 years of age in December 2020. Pfizer developed over 3 million doses in 2021 and expects 4 million this year.

Meanwhile, another biotechnology company, CureVac, also saw the development of a Covid-19 vaccine. But by June 2021, its clinical trials showed the vaccine to be only 47 percent effective. Even as the company stopped its development, it now faces over $1 billion in debt.

CureVac began discussions with BioNTech and Pfizer over intellectual property rights. But when attempts to resolve differences were unsuccessful, in June, CureVac filed a lawsuit against BioNTech in Germany's regional court in Dusseldorf.

It stated that it had "accumulated over two decades of pioneering work in mRNA technology, which contributed to the Covid-19 vaccine development."

BioNTech and Pfizer are now seeking a declaratory judgment in the US federal court that the Comirnaty® vaccine does not infringe on US Patent No.11,135,312, Patent No.11,241,493, and Patent No.11,149,278.