BioNTech Nears CureVac Takeover with Rivals in mRNA Truce

BioNTech has reached an agreement with CureVac and GSK, clearing a legal hurdle for its takeover. CureVac will grant non-exclusive mRNA COVID-19 and influenza product licenses to BioNTech and GSK in the US. GSK will receive $370 million and $130 million, plus extended royalties on non-US vaccine sales. CureVac and GSK will also continue to develop mRNA vaccines targeting flu shots and combination vaccines. The agreement resolves one patent battle, but others with Pfizer and BioNTech remain ongoing.

BioNTech SE (Nasdaq: BNTX) has reached a significant agreement with CureVac N.V. (Nasdaq: CVAC) and GSK plc (LSE/NYSE: GSK) that paves the way for its acquisition of CureVac. Under the terms of the agreement, CureVac will grant BioNTech and GSK non-exclusive licenses to manufacture, use, import, and sell mRNA-based COVID-19 and influenza products in the US. This agreement also includes a worldwide license upon the closing of the acquisition.

The settlement agreement resolves ongoing patent litigation between BioNTech, Pfizer, and CureVac in the United States and sets a framework for resolving similar disputes globally. As part of the agreement, BioNTech and Pfizer will receive a non-exclusive license to manufacture, use, import, and sell mRNA-based COVID-19 and influenza products in the US. This license will expand to a worldwide license following the acquisition. Additionally, BioNTech and Pfizer will receive a release from all claims relating to purported infringement of CureVac and GSK patents.

Under the terms of the settlement, BioNTech will pay GSK $370 million and a 1% royalty on US sales of licensed products from January 1, 2025, onward. Following the closing of the acquisition, BioNTech will pay GSK $130 million and a 1% royalty on rest-of-world sales of licensed products from January 1, 2025, onward. BioNTech will also pay CureVac $370 million upon the closing of the acquisition or the termination of the purchase agreement, and a 1% royalty on US sales of licensed products from January 1, 2025, onward. Following the closing of the acquisition, BioNTech will pay a 1% royalty on rest-of-world sales of licensed products to CureVac from January 1, 2025, onward.

The agreement does not constitute an admission of liability and is not intended to be an admission of any fact or law. The transaction between BioNTech and CureVac announced on June 12, 2025, will be implemented as planned, subject to regulatory approval.

BioNTech, a global next-generation immunotherapy company, is committed to developing breakthrough mRNA-based medicines. This agreement is a strategic move that aligns with BioNTech’s focus on mRNA-based product candidates and cancer immunotherapies.

References:
[1] https://investors.biontech.de/news-releases/news-release-details/biontech-reaches-agreement-receive-non-exclusive-license-mrna
[2] https://search.yahoo.com/search?fr2=p:fp,m:tn,ct:all,kt:org,pg:1,stl:txt,b:&fr=fp-tts&p=mRNA+Vaccine