mRNA patent wars kick into higher gear during dog days of summer

The global patent disputes between mRNA vaccine manufacturers have once again set the patent community buzzing. While GSK launched several lawsuits at the UPC against Moderna, BioNTech and Pfizer in July, BioNTech's pending acquisition of GSK's cooperation partner CureVac has shifted the landscape. CureVac has now reached an agreement with BioNTech and Pfizer to end its patent proceedings.

After BioNTech announced its plans to acquire German competitor CureVac, a settlement seemed inevitable. Last Friday, CureVac, BioNTech and its cooperation partner Pfizer announced they would end their patent dispute in the USA. Subject to the successful completion of the acquisition, all other proceedings between the parties concerning mRNA-based vaccines will also conclude.

CureVac initiated the dispute by suing BioNTech in Germany over patents and several utility models in summer 2022. BioNTech and its US partner Pfizer also sued CureVac in the US.

A BioNTech press release states that the Mainz-based company and Pfizer “entered into agreements with CureVac and an affiliate of GSK to resolve the pending patent litigation in the United States, and set a framework for resolving patent litigation and allegations of patent infringement between BioNTech, Pfizer and CureVac outside the U.S. (subject to closing of the Acquisition).”

BioNTech and Pfizer will receive a non-exclusive licence from CureVac to manufacture, use, import into the US and sell mRNA-based COVID-19 and influenza products. This licence will extend worldwide upon completion of the acquisition.

As compensation, BioNTech will pay GSK $370 million and a 1% royalty on US sales of the licensed products. CureVac and GSK are linked by a cooperation in mRNA vaccines, which both companies recently restructured. Unlike BioNTech and Moderna, neither company successfully brought a Covid-19 vaccine to market.

Following the acquisition’s completion, BioNTech will pay an additional $130 million to GSK and a 1% royalty on rest-of-world sales. Meanwhile, Pfizer has agreed to reimburse BioNTech for $80 million and half of claimed royalties.

Despite the pending acquisition, CureVac will also benefit financially from the deal. BioNTech will pay CureVac $370 million and a 1% royalty on US sales. After completion of the acquisition, BioNTech will pay another 1% royalty on rest-of-world sales.

GSK extends litigation
Despite the settlement between CureVac and BioNTech/Pfizer, GSK announced over the weekend that it would continue its litigation against BioNTech and Pfizer in the US and Europe, stating that “the settlement does not impact GSK’s enforcement of its own patents against Pfizer and BioNTech in the U.S. and in Europe”.

In April 2024, GSK sued BioNTech and Pfizer in the District Court of Delaware for infringement of two patents. In July 2025, the company filed two lawsuits with the Unified Patent Court. The first infringement suit relates to EP 4 226 941 and EP 4 066 856 (case ID: ACT_32285/2025). The second action alleges infringement of EP 2 590 626 (case ID: ACT_32214/2025).

GSK filed both lawsuits at the local division in The Hague. They target various European entities of both companies and contain detailed long-arm jurisdictional requests.

Dutch patent judges have a tradition of granting cross-border injunctions. Presiding judge Edger Brinkman and Margot Kokke are handling the cases. Stefan Schilling from the Hamburg local division is the third judge.