Pfizer and BioNTech, a Mainz, Germany-based bio/pharmaceutical company, have entered an agreement with GSK and CureVac, a Tubingen, Germany-based clinical-stage bio/pharmaceutical company specializing in mRNA cancer immunotherapies and vaccines, to resolve and dismiss all pending patent litigation in the US between the companies related to mRNA-based COVID-19 vaccines and to set a framework for resolving ongoing patent disputes outside the US upon closing of BioNTech’s pending acquisition of CureVac announced in June (June 2025).  

The agreement resolves a multi-year patent dispute between the companies over the mRNA technology used in that manufacture, use,  and sale of Comirnaty, BioNTech’s/Pfizer’s mRNA COVID-19 vaccine. In addition to CureVac, GSK become involved in the patent settlement. In 2020, GSK and CureVac formed a strategic collaboration in 2020 for the research, development, manufacturing and commercialization of up to five mRNA-based vaccines and monoclonal antibodies targeting infectious disease pathogens. The deal as announced in 2020 was worth up to £866 million ($1.17 billion), which included an equity investment by GSK in CureVac of £130 million ($176 million), representing an approximate 10% stake in CureVac at the time. Last year (July 2024), GSK and CureVac restructured their collaboration in a EUR 1.45-billion deal ($1.69 billion) with CureVac receiving an upfront payment of EUR 400 ($465 million) and up to an additional EUR 1.05 billion ($1.22 billion) in development, regulatory, and sales milestones and tiered royalties in the high single to low teens range. In June (June 2025), BioNTech agreed to acquire CureVac, in a $1.25-billion deal that is expected to close this year (2025).  

Under the settlement agreements in the US for the patent dispute, CureVac and GSK will receive in aggregate a payment of $740 million as well as single-digit royalties on sales of COVID-19 vaccines in the US going forward. Additionally, CureVac will receive $50 million from GSK for monetizing a portion of US product royalties due under its existing license agreement announced on July 3, 2024. Following the close of the acquisition of CureVac, BioNTech will pay an additional $130 million to GSK and a 1% royalty on rest-of-world sales of licensed products from January 1, 2025, onward. Additionally, CureVac will grant BioNTech and Pfizer a non-exclusive license to manufacture, use, and import into the US and sell mRNA-based COVID-19 and/or influenza products. Such non-exclusive license will be expanded into a worldwide license upon the closing of BioNTech’s acquisition of CureVac. The closing of BioNTech’s acquisition of CureVac will not only effectively resolve the ongoing disputes between CureVac, BioNTech, and Pfizer in the US, but also the rest of the world, according to information from BioNTech.  

Source: BioNTech and CureVac