(Reuters) – Covid-19 vaccine maker BioNTech said on Tuesday it and partner Pfizer filed a complaint in the U.S. District Court in Massachusetts seeking a ruling that they did not infringe U.S. patents held by rival CureVac.
The suit, filed Monday, said CureVac is trying to capitalize on the success of BioNTech and Pfizer’s COVID-19 vaccines after CureVac’s efforts to create its own vaccine failed.
CureVac earlier this month filed a patent lawsuit in Germany against BioNTech over its use of mRNA technology and did not rule out further legal action against Pfizer or rival mRNA vaccine maker Moderna Inc.
BioNTech and Pfizer asked the court in Boston to declare that their Comirnaty vaccine does not infringe three CureVac patents related to RNA-based vaccines. The companies told the court that Comirnaty does not work in the same way as CureVac̵7;s patented technology.
CureVac said in a statement that it was aware of BioNTech’s legal action but had not yet been formally served.
“We will review the matter legally in detail and represent our position accordingly,” it added.