CureVac granted favorable decision by European Patent Office vs. BioNTech

CureVac (CVAC) announced that the European Patent Office 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 (BNTX) 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 Dusseldorf 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.