Moderna calls itself the “true innovator” in response to CureVac mRNA patent lawsuit, cites broken non-assert promise

Context:

  • Moderna has been fighting a wave of mRNA vaccine patent suits since the COVID-19 pandemic, including one from Arbutus Biopharma and Genevant Sciences that it settled this spring for up to $2.25 billion (March 4, 2026 ip fray article) – a dispute that has since expanded into new suits against Pfizer and BioNTech in Canada and at the UPC (July 20, 2026 ip fray article).
  • Earlier this year, CureVac also sued Moderna in the United States District Court for the District of Delaware (April 24, 2026 ip fray article), accusing several versions of Spikevax of infringing 10 patents related to messenger ribonucleic acid (mRNA) design and manufacturing. BioNTech, which had itself sued Moderna (February 20, 2026 ip fray article) over a separate patent covering its mNEXSPIKE vaccine, acquired CureVac and its patent portfolio in December 2025.

To Read The Full Story

Continue reading your article with a Membership

Counsel

Moderna is being represented by Farnan LLP’s Brian E. Farnan and Michael J. Farnan (local counsel), as well as WilmerHale’s Kevin S. Prussia, Emily R. Whelan, Andrew J. Danford, Timothy A. Cook, Madeleine C. Laupheimer, Wenli Gu, Laura Macro, and Gillian T. Farrell.