BioNTech, Pfizer sue CureVac over COVID vaccine patent claims

(Reuters) — COVID-19 vaccine maker BioNTech said Tuesday that it and partner Pfizer filed a complaint in U.S. District Court in Massachusetts, seeking a judgment that they did not infringe U.S. patents held by rival CureVac.

The lawsuit, filed Monday, said CureVac is trying to profit from the success of BioNTech and Pfizer's COVID-19 vaccines after CureVac's efforts to create its own vaccine failed.

CureVac earlier this month filed a patent lawsuit in Germany against BioNTech over its use of mRNA technology and did not rule out further legal action against Pfizer or rival mRNA vaccine maker Moderna Inc.

BioNTech and Pfizer asked the Boston court to declare that their Comirnaty vaccine does not violate three CureVac patents related to RNA-based vaccines. The companies told the court that Comirnaty does not work in the same way as CureVac's patented technology.

CureVac said in a statement it was aware of BioNTech's legal action but had not yet been formally served.

“We will review the matter legally in detail and represent our position accordingly,” it added.