American pharmaceutical company Pfizer and German biotech firm BioNTech have reached a $740 million settlement with British firm GSK and Germany’s CureVac, effectively resolving legal disputes in the United States over COVID-19 vaccine patent claims, according to a statement by CureVac on Friday.
Financial Terms of the Settlement:
| Recipient | Settlement Amount | Royalty Agreement |
| CureVac | $370 million | Single-digit percentage on US COVID-19 vaccine sales |
| GSK | $370 million | 1% royalty on US sales of flu, COVID, and mRNA combination vaccines |
Elements of the Agreement:
- CureVac will grant Pfizer and BioNTech a non-exclusive licence to manufacture and sell mRNA-based COVID-19 and flu vaccines in the United States.
- GSK, CureVac’s research partner since 2020, will benefit from royalty income on future sales.
- The financial settlement resolves all ongoing patent disputes in the United States.
Background of the Legal Dispute:
- In 2022, CureVac filed a lawsuit against BioNTech, alleging infringement of patents related to mRNA technology, which were used in BioNTech’s COVID-19 vaccine, Comirnaty, developed with Pfizer.
- Comirnaty was the first mRNA vaccine approved for use globally and marked the first COVID-19 vaccine approved in the Western world.
- Unlike traditional vaccines that use a weakened form of the virus, mRNA vaccines use genetic instructions to trigger an immune response. These vaccines can be developed more rapidly as they do not require lab-grown viruses.
CureVac’s Position in the Market:
| Company | Role in mRNA Vaccine Development |
| CureVac | Early pioneer in mRNA technology, but its COVID-19 vaccine efforts during the pandemic were unsuccessful |
| BioNTech | Partnered with Pfizer to develop the successful and widely used Comirnaty vaccine |
| GSK | Collaborated with CureVac on infectious disease mRNA research since 2020 |
Future Implications:
- The settlement paves the way for BioNTech’s planned acquisition of CureVac, announced in June, by eliminating major legal hurdles in the US.
- CureVac noted that while disputes in Germany remain unresolved, the current agreement establishes a framework for resolving these issues outside the United States.
- Meanwhile, another German court case, involving Moderna, found that Pfizer and BioNTech had infringed one of Moderna’s patents in developing their vaccine — highlighting the complex web of IP claims surrounding mRNA technologies.
This landmark settlement underscores the intellectual property battles that have emerged in the wake of the rapid development of mRNA vaccines during the pandemic — as well as the collaborations and licensing arrangements now shaping the future of mRNA-based medicine.
