CureVac N.V. (CVAC) announced that the nullity action filed by BioNTech (BNTX) against the German part of CureVac patent EP 1 857 122 B1 was granted by the German Federal Patent Court. CureVac will appeal before the German Federal Court of Justice . The ruling represents a first decision on validity in ongoing patent litigation between CureVac and BioNTech SE in Germany, which involves a total of eight CureVac intellectual property rights. Proceedings continue regarding the seven remaining rights, for which validity, infringement and potential damages will be decided individually. Following today’s decision, a ruling on infringement of the German part of EP 1 857 122 B1, scheduled for December 28, 2023, before the Regional Court Dusseldorf, will likely be postponed.
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