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CureVac files expanded patent lawsuit against Pfizer/BioNTech over mRNA technology

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© Reuters. FILE PHOTO: A vial labelled “CureVac COVID-19 Vaccine” is seen in this illustration taken January 16, 2022. REUTERS/Dado Ruvic/Illustration

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(Reuters) – CureVac NV said on Friday it had filed an expanded patent infringement claim against Pfizer Inc (NYSE:) and BioNTech over the use of mRNA technology and that a U.S. court had granted its request to transfer the trial.

The company said it filed a counterclaim alleging that Pfizer and its German partner BioNTech infringed on nine of its patents, broader than its original claim of three patents.

In July 2022, CureVac had filed a patent lawsuit against BioNTech over the use of mRNA technology in the companies’ COVID-19 vaccine.

The transfer of the trial to the Eastern District of Virginia from the Federal District Court of Massachusetts is expected to accelerate progress of the case and allow for a likely 2024 trial date, CureVac said on Friday.

Pfizer and BioNTech did not immediately respond to requests for comment. 

Pfizer and BioNTech in response had filed a complaint with the U.S. District Court in Massachusetts, seeking a judgment that they did not infringe U.S. patents held by CureVac.

The companies have previously told the court that their COVID vaccine Comirnaty does not work in the same way as CureVac’s patented technology.

Pfizer and BioNTech are also facing patent infringement lawsuits from other companies.

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