Curevac vs. Biontech: the court suspended the vaccine patent proceedings

IIn a dispute over coronavirus vaccine patents between vaccine developer Curevac and rival Biontech, the Düsseldorf regional court has suspended four proceedings. Before making its own decision, the court first wants to wait for decisions from the German Patent and Trademark Office and the European Patent Office. This is intended to determine whether the three utility models and the patent were correctly registered and continue to be valid, a court spokeswoman said on Thursday.

Utility models are considered “quick title”, which is entered into the register within a few weeks. However, in the case of patents, examination and grant usually take several years.

Curevac filed a lawsuit against Biontech in July 2022 and sought “just compensation” for infringement of a number of its intellectual property rights that Biontech and Pfizer used in the production of the Corona vaccine. The company did not disclose a specific amount. Biontech denies the allegations. The company said its work was “original.”

Doubts about ability to protect

Biontech filed an application to remove the three controversial utility models with the German Patent and Trademark Office in November 2022, according to the court. No decision has been made on this matter yet. In this regard, the chamber sees doubts about the possibility of protecting utility models, the report says.

According to the regional court, Biontech filed an opposition to the disputed patent with the European Patent Office in April 2023. A decision on this matter has also not yet been made. The Court stated that the Chamber considered it reasonably likely that the challenge would succeed. After the decisions of the offices, the responsible patent chamber wants to decide on the course of legal disputes.

Both sides claim victory

Biontech regarded the court’s decision to suspend the proceedings in Düsseldorf as an “important signal.” “We are of the opinion that the patents and utility models discussed today should never have been issued to Curevac because they are not compliant,” a Biontech spokeswoman said.

Kurevak also saw the delay as a positive sign in his opinion. “Today’s decision suggests that the agreed upon intellectual property rights are being violated,” explained Curevac chief executive Alexander Zehnder.