Andrej Lišakov / Unsplash+

CureVac takes Moderna to court over mRNA vaccine patents

CureVac has filed a federal lawsuit accusing Moderna of patent infringement over its mRNA-based COVID-19 vaccine Spikevax. The German biotech claims that Moderna used its proprietary methods for stabilising messenger RNA without authorisation and is seeking monetary damages framed as royalties on Spikevax sales.

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As Reuters reports, CureVac argues that Moderna copied its mRNA-stabilisation and delivery technologies, which were developed at the Tuebingen-based firm and are central to the efficacy and manufacturability of Spikevax. The company is asserting several patents covering these methods and is positioning the case as a bid to capture a share of the multibillion-dollar returns generated by mRNA-based COVID-19 vaccines.

Numerous biotech companies have recently tried to secure a share of the billions in revenue from COVID-19 vaccines after the fact, including Bayer, which launched a broad patent offensive against the makers of mRNA vaccines earlier this year.

Earlier this year BioNTech, now CureVac’s parent company, launched a separate U.S. patent action against Moderna over its next-generation mNEXSPIKE COVID-19 shot. CureVac’s move is notable because it is asserting its own legacy mRNA patents rather than relying on the Pfizer-BioNTech partnership structure, signaling a more aggressive stance on IP monetisation.

Moderna has acknowledged the complaint and stated it will defend itself vigorously, arguing that its COVID-19 vaccine portfolio is built on internally developed know-how and does not infringe CureVac’s patents.

CureVac, best known for its early work on mRNA vaccines and cancer‑immunotherapy platforms, was acquired by BioNTech in 2025. The spin-off of University of Tübingen has since become part of the larger German biotech group behind the Pfizer‑BioNTech COVID‑19 shot Comirnaty. The takeover placed CureVac’s legacy mRNA IP portfolio under the same roof as one of the most successful COVID‑19 vaccine developers, giving BioNTech stronger leverage to enforce patents across the mRNA ecosystem.

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