COVID-19 Patent Dispute Sorted: Acuitas Therapeutics and CureVac Reach Settlement In Patent Battle

Canadian Biotech company Acuitas Therapeutics and Germany-based CureVac NV CVAC have settled Acuitas’ lawsuit over credit for inventions tied to COVID-19 vaccines.

In November 2023, Acuitas Therapeutics filed a lawsuit in Virginia federal court against CureVac, accusing it of failing to credit Acuitas on patents related to COVID-19 vaccines.

Acuitas told the court that CureVac omitted its scientists from patent applications for lipid nanoparticle technology used in messenger RNA-based vaccines after collaborating to develop the technology during the COVID-19 pandemic.

This move would allow Acuitas to license them without CureVac’s consent. 

Reuters highlighted that CureVac refuted these claims in a court filing made in February.

Acuitas has previously secured a separate license for the lipid nanoparticle technology employed in the COVID-19 vaccine developed by Pfizer Inc PFE and BioNTech SE BNTX.

This settlement between Acuitas Therapeutics and CureVac follows a broader legal landscape wherein CureVac has accused Pfizer and BioNTech of patent infringement, including the patents pertinent to the Acuitas case, within an ongoing lawsuit in Virginia federal court.

In July 2023, Pfizer and BioNTech filed a complaint with the U.S. District Court in Massachusetts, seeking a judgment that they did not infringe patents related to the COVID-19 vaccine held by CureVac.

In December 2023, a German court invalidated a patent central to CureVac’s lawsuit against BioNTech related to seeking fair compensation for infringement of a portfolio of CureVac’s intellectual property rights utilized in Comirnaty, BioNTech, and Pfizer mRNA COVID-19 vaccine.

The ruling represents the first decision on validity in ongoing patent litigation between CureVac and BioNTech in Germany, involving eight CureVac intellectual property rights. 

Thursday, GSK Plc GSK reportedly took legal action against Pfizer and BioNTech in a Delaware federal court, alleging patent infringement concerning mRNA technology used in the COVID-19 vaccines. The lawsuit contends that Pfizer and BioNTech’s Comirnaty vaccines violate GSK’s patents.

Price Action: CVAC shares are down 0.65% at $2.29 at the last check Friday.

Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.

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