Moderna accuses CureVac of breaking promise in patent fight

Moderna is fighting back against a patent-infringement lawsuit filed by CureVac concerning its COVID-19 vaccines. Moderna contends in Delaware federal court that CureVac's legal action breaks an agreement. This agreement reportedly stipulated that CureVac would not sue in exchange for Moderna allowing a witness in another case.

Moderna asserts that CureVac initiated this lawsuit to "harass" the company following CureVac's acquisition by BioNTech. The pharmaceutical giant also maintains that its vaccines do not infringe upon CureVac's patents. Furthermore, Moderna claims these patents are invalid due to reasons including CureVac's alleged withholding of information from the U.S. Patent and Trademark Office.

CureVac originally sued Moderna in April, alleging that Moderna had copied its technology for stabilizing fragile mRNA for vaccine use. This case is part of a significant wave of patent lawsuits from biotech companies aiming to secure royalties for the technology underpinning successful COVID-19 vaccines.

Moderna previously sued Pfizer and BioNTech for patent infringement in 2022, a lawsuit that remains ongoing. BioNTech, which acquired CureVac last year, also filed its own U.S. patent lawsuit against Moderna in February concerning its next-generation COVID-19 shot. Moderna has called both lawsuits "baseless."