BioNTech plans acquisition of CureVac while global mRNA dispute pending

BioNTech yesterday announced its intention to acquire CureVac. The transaction could also end the global patent disputes between the two biotech companies in Germany, the UK, and the US.

 

In a press release, BioNTech announced that both companies have entered into a definitive purchase agreement for BioNTech to acquire all CureVac shares. The transaction received unanimous approval from both companies’ management and supervisory boards and is expected to close in 2025.

 

Through the acquisition, BioNTech aims to bolster research, development, manufacturing and commercialisation of experimental mRNA-based cancer immunotherapy. “This transaction is another building block in BioNTech’s oncology strategy and an investment in the future of cancer medicine,” said Ugur Sahin, CEO and co-founder of BioNTech.

 

Sahin added, “We intend to combine complementary capabilities and leverage technologies with the goal of advancing innovative and transformative cancer treatments and establishing new standards of care for various types of cancer in the coming years.”

 

 

According to Alexander Zehnder, CEO of CureVac, the deal aims to unite complementary scientific capabilities, proprietary technologies and manufacturing expertise in mRNA under one roof. Following the transaction’s completion, CureVac’s operating subsidiary will become a wholly owned subsidiary of BioNTech. BioNTech will integrate CureVac’s state-of-the-art research and manufacturing site in Tübingen.

 

Zehnder said, “To me, this transaction is more than a business decision. It represents a shared commitment to harness the full potential of mRNA as a disruptive technology to develop transformative therapies with greater scale and speed.”

 

For the Mainz-based pharma company, this transaction marks the next milestone in executing its oncology strategy, which focuses on two pan-tumour programmes, mRNA-based cancer immunotherapy candidates, and BNT327, a PD-L1xVEGF-A bispecific antibody candidate. Just last year, BioNTech acquired the Chinese biotech company Biotheus. The Chinese start-up conducts research into the discovery and development of antibodies — an important building block in the fight against cancer.

 

 

Once the deal is finalised, this transaction should end the global patent battle, in which the two parties have disputed various IP rights relevant to mRNA technology.

 

CureVac initiated the dispute by suing BioNTech in Germany over basic patent EP 18 57 122 B1 and several utility models in summer 2022. In December 2023, the German Federal Patent Court nullified the German part of EP 122 and deleted the utility models. An appeal is pending at the Federal Court of Justice. Previously, Düsseldorf Regional Court had suspended the infringement proceedings until validity was clarified.

 

CureVac also defended several patents at the EPO and before national civil courts in Germany and the UK. At the centre of this dispute were EP 3 708 668 and its divisional patent EP 4 023 755. Earlier this year, the EPO upheld both patents in amended form. Previously, the UK High Court had declared the British parts of the two CureVac patents invalid last autumn due to lack of plausibility, insufficiency and lack of inventive step (case ID: HP-2022-000023).

 

BioNTech and its US partner Pfizer have also sued CureVac in the US over BioNTech’s patents.

 

 

Düsseldorf Regional Court had scheduled an oral hearing in the German infringement proceedings for 1 July (case IDs: 4c O 40/23 and 4c O 51/22). However, the parties have not yet withdrawn the lawsuits in Germany. A court spokesperson informed JUVE Patent that the oral hearing is still scheduled for the beginning of July.

 

CureVac responded to JUVE Patent’s enquiry with the following statement: “We do not comment on ongoing legal disputes. The transaction and the legal dispute are two separate processes.”

 

BioNTech had not issued a statement at the time of going to press.

 

 

For the dispute in Germany, BioNTech retained litigators from mixed IP firm Hoyng ROKH Monegier and patent attorney firm Zwicker Schnappauf & Partner. In the UK, Powell Gilbert acted as BioNTech’s advisor.

 

As BioNTech’s US partner, Pfizer retained Taylor Wessing in the UK and in Germany. Munich-based patent attorney firm df-mp Dörries Frank-Molnia & Pohlman represented the pharma company in the EPO opposition.

 

For the transaction, BioNTech retained lawyer teams from Covington & Burling, Hengeler Mueller, and Loyens & Loeff. CureVac retained Skadden, Arps, Slate, Meagher & Flom, and NautaDutilh.