Topline Findings
- Patent Settlement Overview: GSK, BioNTech, CureVac, and Pfizer resolve US mRNA vaccine patent litigation, enabling global settlement potential after BioNTech’s CureVac acquisition.
- Financial Terms: BioNTech will pay GSK $370 million upfront plus 1% US royalties and $130 million plus 1% royalties internationally post-acquisition, with CureVac receiving $370 million at closing.
- Strategic Impact: Settlement clears path for BioNTech’s expanded mRNA oncology pipeline and ongoing patent enforcement by GSK in the United States and Europe.
GSK will receive significant financial and royalty benefits under a broad mRNA patent settlement that includes BioNTech, CureVac, and Pfizer, resolving pending US litigation related to mRNA-based COVID-19 and influenza vaccines. The settlement paves the way for potential global resolution following BioNTech’s planned acquisition of CureVac.
According to GSK, the agreement will also reduce future royalty obligations on its own mRNA vaccine programs while preserving ongoing patent enforcement efforts in the United States and Europe. Notably, the settlement does not constitute any admission of liability by BioNTech or the other parties involved.1
What Are the Terms and Implications of the mRNA Patent Settlement Involving GSK, BioNTech, CureVac, and Pfizer?
- Under the terms of the settlement, BioNTech will pay GSK $370 million upfront and 1% royalties on US sales of licensed products from January 1, 2025, as well as $130 million and 1% royalties on rest-of-world sales following the closing of the acquisition.
- CureVac will receive $370 million at acquisition closing and $50 million from GSK for monetizing a portion of US product royalties due under its existing license agreement announced in July 2024.
- CureVac will grant BioNTech and Pfizer a non-exclusive license to manufacture, use, import into the United States, and sell mRNA-based COVID-19 and influenza vaccines, which will expand into a worldwide license upon completion of the acquisition.
- Pfizer has agreed to reimburse BioNTech for $80 million and half of the claimed royalties payable to GSK on sales of mRNA-based COVID-19 products from January 1, 2025, onward.1-3
BioNTech’s Strategic Acquisition of CureVac and Its Oncology Ambitions
On June 12, 2025, BioNTech first announced the acquisition of CureVac in a deal valued at approximately $1.25 billion. According to BioNTech, the goal of the acquisition is to combine the companies’ complementary expertise in mRNA design, delivery, manufacturing, and commercialization to advance BioNTech’s oncology strategy, which includes two pan-tumor programs, mRNA cancer immunotherapy candidates, and the PD-L1xVEGF-A bispecific antibody BNT327.4,5
“To me, this transaction is more than a business decision, it represents a shared commitment to leverage the full potential of mRNA as a disruptive technology to develop transformative therapies with greater scale and speed,” said Alexander Zehnder, CEO, CureVac, in a June press release. “For more than two decades, both companies have operated with related ambitions, often tackling challenges from different angles. This transaction aims at combining complementary scientific capabilities, proprietary technologies, and manufacturing expertise in the mRNA field under one roof.”
The CureVac Patent Litigation Against BioNTech
CureVac first initiated legal action against BioNTech in June 2022, accusing the company of infringing one of its patents as well as three German utility models related to mRNA technology used in BioNTech’s COVID-19 vaccine, Comirnaty. According to Juve Patent, CureVac’s core patent, granted in 2010, covers a process that enhances mRNA expression in cells, while the utility models include protections specifically related to coronavirus vaccines. At the time, CureVac stated that its lawsuit sought damages for infringement rather than injunctive relief, allowing BioNTech to continue manufacturing and distributing its vaccine without interruption.6
Continuing Patent Enforcement and Future Focus
GSK will continue to enforce its own patents against BioNTech and Pfizer separately in the United States and Europe, as this settlement specifically addresses patent disputes related to CureVac. The resolution enables BioNTech and its partners to focus on the execution of their broader mRNA-based product development strategies.1
References
- GSK provides update on US settlement of CureVac/BioNTech mRNA patent litigation. GSK. August 8, 2025. Accessed August 8, 2025. https://www.gsk.com/en-gb/media/press-releases/gsk-provides-update-on-us-settlement-of-curevacbiontech-mrna-patent-litigation/
- BioNTech Reaches Agreement to Receive a Non-exclusive License for mRNA-based COVID-19 and/or Influenza Products and Resolve Patent Litigation with CureVac and GSK. BioNTech. August 8, 2025. Accessed August 8, 2025. https://investors.biontech.de/news-releases/news-release-details/biontech-reaches-agreement-receive-non-exclusive-license-mrna
- CureVac Announces Resolution of Patent Litigation with Pfizer/BioNTech. CureVac. August 8, 2025. Accessed August 8, 2025.https://www.curevac.com/en/curevac-announces-resolution-of-patent-litigation-with-pfizer-biontech/
- Roundup: Key Biotech Deals Accelerate mRNA Oncology, Postpartum Depression Therapies, and Companion Diagnostics. PharmExec. June 16, 2025. Accessed August 8, 2025. https://www.pharmexec.com/view/roundup-key-biotech-deals-accelerate-mrna-oncology-postpartum-depression-therapies-companion-diagnostics
- BioNTech Announces Strategic Transaction to Acquire CureVac in Public Exchange Offer. GlobeNewswire. June 12, 2025. Accessed August 8, 2025. https://www.globenewswire.com/news-release/2025/06/12/3098162/0/en/BioNTech-Announces-Strategic-Transaction-to-Acquire-CureVac-in-Public-Exchange-Offer.html
- CureVac files vaccine patent infringement claim against BioNTech in Düsseldorf. JUVE Patent. July 7, 2022.Accessed August 8, 2025. https://www.juve-patent.com/cases/curevac-files-vaccine-patent-infringement-claim-against-biontech-in-dusseldorf/?utm_source=chatgpt.com
