German biotechnology company CureVac filed a complaint on Friday in U.S. federal court in Delaware, accusing Moderna of infringing CureVac patents in the development and manufacture of Moderna’s COVID-19 vaccine, Spikevax. The suit alleges that Moderna unlawfully adopted CureVac’s patented techniques for stabilizing mRNA - a material described in the filing as fragile and in need of specialized stabilization for effective vaccine use.
In its complaint, CureVac is asking for royalties on sales of Spikevax as the damages remedy for the alleged infringement. The filing specifies that eight U.S. patents are at issue in the company’s challenge to Moderna’s vaccine technology.
Last year CureVac was acquired by Germany-based BioNTech, the company that partnered with Pfizer to bring the competing COVID-19 vaccine Comirnaty to market. BioNTech itself filed a separate patent lawsuit in the United States in February, targeting Moderna’s next-generation mNEXSPIKE COVID-19 shot. Those proceedings and CureVac’s new complaint against Moderna form part of a growing pattern of litigation over core vaccine technologies.
Moderna acknowledged the filing in a statement, saying it was aware of the lawsuit and that it intends to defend itself in court. Requests for immediate comment from CureVac and BioNTech spokespeople were not returned, according to the filing record.
The Delaware suit joins other high-profile legal disputes in the biotech sector seeking portions of revenue tied to widely distributed COVID-19 vaccines. Moderna itself brought a patent infringement case in 2022 against Pfizer and BioNTech over Comirnaty; that action remains active. Other companies named in recent patent litigation include GlaxoSmithKline, Bayer and Alnylam Pharmaceuticals, each pursuing claims that would entitle them to portions of the tens of billions of dollars in revenues generated by COVID-19 vaccine sales.
Observers following the litigation wave say the cases collectively represent a concerted effort by multiple firms to secure royalties from technologies used in blockbuster vaccines. CureVac’s complaint centers on the contention that Moderna used CureVac’s methods for mRNA stabilization without authorization - a claim that, if proven, would underpin the royalty demands outlined in the suit.
Legal status: Complaint filed in Delaware federal court on Friday; Moderna says it will defend. CureVac alleges infringement of eight U.S. patents and seeks royalties from Spikevax sales.