Our Life Sciences team has advised BioNTech on its agreement, with its partner Pfizer, to obtain a non-exclusive licence for mRNA-based COVID-19 and/or influenza products and resolve certain patent litigation with CureVac and GSK.
The agreement settles a patent lawsuit brought by CureVac in the US. In addition, BioNTech will receive a non-exclusive licence to develop, make, import and sell mRNA-based COVID-19 and/or influenza products.
BioNTech will pay CureVac $370 million to the benefit of GSK and pay an ongoing 1% royalty payment on US sales of Pfizer and BioNTech’s licensed products, effective at the beginning of 2025. CureVac is in the process of being acquired by BioNTech, with GSK set to receive a further $130 million and a 1% royalty on rest-of-world sales of licensed products from January 1, 2025, onward, once the deal completes.
Closure of the transaction would settle mRNA patent litigation between CureVac and BioNTech outside of the US. BioNTech will also pay CureVac $370 million upon the closing of the transaction or the termination of the purchase agreement relating to the transaction, and a 1% royalty on US sales of licensed products from January 1, 2025, onward. Following the closing of the transaction, BioNTech will pay a 1% royalty on rest-of-world sales of licensed products to CureVac from January 1, 2025, onward.
Gowling WLG worked closely with the BioNTech team on the transaction including James Ryan (Chief Legal Officer & Chief Business Officer), Tom Thormeyer (Vice President Legal, Dispute Resolution), Raymond Parker III (Vice President - Global Lead IP Legal Dispute Resolution), Akil Dharamsi (Vice President Business Alliances), Jonathan Falconer (Senior Director Legal (Transactions)), and Sophie Nettleton (Director Legal Dispute Resolution).
Leader of Life Sciences, UK Patrick Duxbury, and Associate Hannah Barnett from Gowling WLG advised BioNTech on the agreements.
Gowling WLG's Life Sciences team has the technical understanding required to advise on the unique challenges companies face throughout their life cycles. They draw on first-hand industry experience and extensive legal expertise to guide and support business, intellectual property, human resource and regulatory teams in the life sciences sector.