CureVac Sues Moderna Over Patent Infringement
Written by Emily J. Thompson, Senior Investment Analyst
Updated: 1 day ago
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Should l Buy MRNA?
Source: Newsfilter
- Patent Infringement Lawsuit: German biotech firm CureVac filed a lawsuit against Moderna in Delaware federal court, alleging that Moderna's COVID-19 vaccine Spikevax infringes CureVac's patents related to messenger RNA technology, seeking royalties from Spikevax sales, highlighting the intensifying patent disputes in the COVID-19 vaccine market.
- Technology Copying Allegations: CureVac claims that Moderna copied its technology for stabilizing fragile mRNA, and if proven, this could significantly impact Moderna's vaccine sales and market position, potentially leading to substantial damages.
- Intensifying Industry Competition: BioNTech, which acquired CureVac last year, filed a separate patent lawsuit against Moderna in February regarding its next-generation mNEXSPIKE COVID-19 shot, indicating escalating competition among biotech firms, particularly in the COVID-19 vaccine sector.
- Ongoing Legal Battles: Moderna previously sued Pfizer and BioNTech in 2022 for patent infringement over its Comirnaty vaccine, and the current lawsuit is part of a broader trend of biotech companies seeking a share of the tens of billions in revenue generated from COVID-19 vaccine sales, reflecting the ongoing legal struggles within the industry.
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Analyst Views on MRNA
Wall Street analysts forecast MRNA stock price to fall
20 Analyst Rating
1 Buy
16 Hold
3 Sell
Hold
Current: 52.850
Low
17.00
Averages
32.47
High
63.00
Current: 52.850
Low
17.00
Averages
32.47
High
63.00
About MRNA
Moderna, Inc. is a biotechnology company advancing a new class of medicines made of messenger ribonucleic acid (mRNA). It is engaged in developing medicines across infectious disease vaccines, oncology therapeutics and rare disease therapeutics. Its platform incorporates advances across three components, mRNA, delivery, and the manufacturing process, to advance its medicines. Its products are Spikevax and mNEXSPIKE (its COVID vaccines), and mRESVIA (its vaccine against respiratory syncytial virus (RSV)). It also has a diverse development pipeline that consists of 35 therapeutic and vaccine programs, six of which are in late-stage development. It has regulatory filings under review for its seasonal flu+COVID vaccine (mRNA-1083) in Europe and Canada and for its seasonal flu vaccine (mRNA-1010) in the United States, Europe, Canada and Australia. Its rare disease programs are Propionic acidemia (mRNA-3927); Methylmalonic acidemia (mRNA-3705), and Cystic Fibrosis (mRNA-3692/VX-522).
About the author

Emily J. Thompson
Emily J. Thompson, a Chartered Financial Analyst (CFA) with 12 years in investment research, graduated with honors from the Wharton School. Specializing in industrial and technology stocks, she provides in-depth analysis for Intellectia’s earnings and market brief reports.
- Patent Infringement Lawsuit: German biotech firm CureVac filed a lawsuit against Moderna in Delaware federal court, alleging that Moderna's COVID-19 vaccine Spikevax infringes CureVac's patents related to messenger RNA technology, seeking royalties from Spikevax sales, highlighting the intensifying patent disputes in the COVID-19 vaccine market.
- Technology Copying Allegations: CureVac claims that Moderna copied its technology for stabilizing fragile mRNA, and if proven, this could significantly impact Moderna's vaccine sales and market position, potentially leading to substantial damages.
- Intensifying Industry Competition: BioNTech, which acquired CureVac last year, filed a separate patent lawsuit against Moderna in February regarding its next-generation mNEXSPIKE COVID-19 shot, indicating escalating competition among biotech firms, particularly in the COVID-19 vaccine sector.
- Ongoing Legal Battles: Moderna previously sued Pfizer and BioNTech in 2022 for patent infringement over its Comirnaty vaccine, and the current lawsuit is part of a broader trend of biotech companies seeking a share of the tens of billions in revenue generated from COVID-19 vaccine sales, reflecting the ongoing legal struggles within the industry.
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- Vertex Pharmaceuticals' Innovation: Vertex Pharmaceuticals leads in cystic fibrosis drugs, with patent protection lasting into the late 2030s, and its collaboration with Moderna on mRNA therapies could further solidify its market position, potentially treating the entire CF population.
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- Publication Blocked: The CDC has blocked the publication of a report on COVID-19 vaccines reducing hospitalization risk after it passed scientific review, a highly unusual action that indicates internal sensitivity regarding vaccine efficacy research.
- Methodology Controversy: HHS spokesperson noted that CDC leadership routinely flags concerns about MMWR papers, particularly regarding methodology, and the current study's observational method has raised doubts, potentially undermining public trust in vaccines.
- Vaccine Effectiveness Comparison: While the COVID vaccine study is on hold, a flu vaccine effectiveness study using the same methodology was published in March, highlighting inconsistencies in CDC's handling of vaccine research that may raise public skepticism about vaccine policies.
- Policy Changes Impact: Under HHS Secretary RFK Jr., the CDC has removed vaccine recommendations for healthy children and pregnant women and paused federal funding for mRNA vaccine research, a series of policy shifts that could affect vaccination rates and public health strategies.
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- Vaccine Development Progress: Moderna announced the initiation of a Phase 3 trial for its mRNA-1018 H5 influenza vaccine in the U.S. and U.K., targeting nearly 4,000 healthy adults, which aims to support global regulatory submissions and marks a significant milestone in the company's pandemic preparedness efforts.
- Funding Support: The trial is backed by up to $54.3 million from the Coalition for Epidemic Preparedness Innovations (CEPI), highlighting the international commitment to vaccine research and providing Moderna with essential financial resources to advance its development plans.
- Pandemic Threat Response: CEO Stéphane Bancel emphasized that H5 influenza remains a potential global pandemic threat, and the start of the Phase 3 trial not only validates the vaccine's efficacy but also represents a strategic move in global public health safety.
- Policy Context: The trial's initiation follows the Trump administration's termination of a $766 million contract with Moderna, reflecting the company's ongoing efforts and adaptability in vaccine development despite challenges posed by policy changes.
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