Acuitas sues CureVac for credit on COVID-19 vaccine patents

CureVac NV

14/11/2023 18:09

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      Acuitas said it collaborated with CureVac to develop
vaccine
technology
    

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      CureVac accused of omitting Acuitas scientists from patent
applications
    

  
    By Blake Brittain
       Nov 14 (Reuters) - Biotech company Acuitas Therapeutics
has filed a lawsuit in Virginia federal court against
Germany-based CureVac  5CV.DE , accusing it of failing to credit
Acuitas scientists on patents related to COVID-19 vaccines.
    Acuitas told the court on Monday that CureVac omitted its
scientists from patent applications for lipid nanoparticle
technology used in messenger RNA-based vaccines after they
collaborated to develop the technology during the COVID-19
pandemic.
    Canada-based Acuitas, which also developed related
technology used in Pfizer and BioNTech's COVID-19 shots, asked
the court to list its scientists as co-inventors on the CureVac
patents, which could allow Acuitas to license them
independently. 
    Pfizer and BioNTech have also sued CureVac, asking a judge
to block CureVac's infringement allegations against the
companies. Acuitas has separately asked to intervene with its
inventorship claims in that case in Virginia.
    CureVac said in a statement on Tuesday that it is "confident
that our IP complies with all applicable laws and does not
breach any agreements with Acuitas," and that it would
"vigorously defend" itself against the allegations.
    An Acuitas spokesperson declined to comment, citing pending
litigation.
    Lipid nanoparticles are used in Pfizer and Moderna's
COVID-19 shots to safely transport mRNA into a recipient's body.
LNPs are also the subject of other patent lawsuits filed against
Pfizer, BioNTech and Moderna by other biotech companies seeking
royalties from the vaccines.
    Acuitas said in its Monday lawsuit that it and CureVac have
been collaborating on mRNA-based therapeutics that use its LNP
technology since 2014. The complaint said that the companies
began working together on a COVID-19 vaccine starting in January
2020.
    CureVac abandoned its first COVID-19 vaccine candidate in
2021 after it showed low efficacy in clinical trials. The
company is currently testing a modified COVID-19 vaccine
developed in collaboration with GSK.
    Acuitas said in the complaint that, starting in 2020,
CureVac applied for four LNP-related patents that the companies
co-developed without telling Acuitas or crediting its
scientists.
    Acuitas asked the court to correct the patents to list four
of its scientists as co-inventors of the technology.
    
    The case is Acuitas Therapeutics Inc v. CureVac SE, U.S.
District Court for the Eastern District of Virginia, No.
3:23-cv-00764.
    For Acuitas: Nicholas Groombridge, Eric Stone and Josephine
Young of Groombridge Wu Baughman & Stone; Robert McFarland of
McGuireWoods
    For CureVac: attorney information not yet available

 (Reporting by Blake Brittain in Washington)
 ((blake.brittain@tr.com; +1 (202) 938-5713;))