recent, The high-profile Germany CureVac Biotech companies Sue BioNTec Corporate infringement mRNA The technology patent case has officially entered the court stage. Dusseldorf District Court 4c The civil court heard the reason CureVac Proposed reference 2 Patent sum 3 The proposition of utility model. merely, The judges of the Dusseldorf District Court need to wait for the German Federal Patent Court first this year 12 The decision will not be announced until October, when a ruling is made on the validity of the patents involved.

CureVac allege BioNTech A product called "Comirnaty" the mRNA The vaccine violated it 2 Patent sum 3 Component utility model. Last summer, CureVa it EP1857122B1 Number European patent and DE202015009961U1, DE202015009974U1 and DE2021003575U1 Utility model No. 1 filed a lawsuit. This spring, CureVac The company also targeted EP3708668B1 No. 1 European patent filed a lawsuit.

EP1857122B1 Patent number is in 2010 By the European Patent Office (EPO) investitive, It is mainly used to protect a kind of cells that can be improved mRNA Process of expression. BioNTech The company filed an invalid action against the patent. 2023 years 4 month, The German Federal Patent Court issued a preliminary opinion, confirmed EP1857122B1 Validity of patent No.

merely, The patent court could still revise the preliminary opinion, And is expected to be in 2023 years 12 month 19 A ruling on the validity of the patent. therefore, Dusseldorf District Court 4c The judge of the Civil Division is scheduled to be 12 month 28 Japanese pair involvement EP1857122B1 The patent infringement case was decided.

A scary Christmas

In the course of an oral hearing, Presiding Judge Sabine．Klepsch (Sabine Klepsch) Around the judge refused on BioNTech Express an opinion on the question whether the company has infringed the patent right. Whereas the Federal Patent Court has issued a more positive judgment of the first instance, CureVac s lawyers urged the district court judges not to wait any longer for the patent court's final ruling, It's about making a determination on infringement as soon as possible. merely, The Dusseldorf Regional court ultimately upheld its decision, That is, pending a decision by the Federal Patent Court on the validity of the patent EP1857122B1 Patent proceedings.

At the appointed time, BioNTech The company may be held liable for infringement, And could be ordered to pay millions of dollars in damages. merely, The judge could still dismiss the plaintiff's case.

The Dusseldorf District Court is scheduled to 9 month 28 Day to day 3 Piece utility model and EP3708668B1 Patent decision No.

BioNTech Unto this 3 A utility model has also raised objections, He filed an annulment suit with the German Federal Patent Court. merely, The court has not yet scheduled an oral hearing on the matter. EPO in 2022 years 6 It was awarded in October EP3708668B1 Patent No. Pfizer, BioNTech corporation, Sanofi and Cooley have disputed this.

Since the federal patent court has not finalized this 4 The validity of patents and utility models, So experts believe that the Dusseldorf District Court will 9 In October, the relevant infringement proceedings were suspended.

although CureVac consider BioNTech the Comirnaty The vaccine infringes its intellectual property rights, But the plaintiffs are not seeking injunctive relief in Germany. CureVac The main appeal raised was access to relevant use mRNA Technical information and financial accounts for the production of vaccines, and BioNTech With its American partner Pfizer Comirnaty A share of sales estimated to be in the billions of dollars has been generated and will continue to be generated worldwide.

CureVac Litigation in the United States continues to escalate

At the same time, The dispute continues to escalate in the United States as well. 2022 years, BioNTech With partners Pfizer in the United States on CureVac Filed a lawsuit. this 2 The companies filed the lawsuit in Massachusetts District Court seeking a declaration Comirnaty This kind mRNA The vaccine did not infringe CureVac The company number is 11135312, 11149278 and 11241493 Us patent. Should be CureVac The requirement of, The case is now in the Eastern District of Virginia, The aim is to further speed up the proceedings. On the basis of CureVac Press release, The case could come as early as 2024 Annual trial.

At the same time, CureVac That's all 9 A patent infringement lawsuit was filed, Which includes BioNTech And Pfizer filed a declaratory judgment suit 3 Patent in question. (Be compiled from www. juve-patent. com)

TRANSLATORS: Liu Peng　proofread: Rason group



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