Michael (Mike) R. Weiner, Partner

Marshall, Gerstein & Borun LLP represented CureVac, a global biopharmaceutical company developing a new class of transformative medicines based on mRNA, in a high-profile intellectual property infringement lawsuit originally filed in June 2022. The case involved allegations that Pfizer and BioNTech’s COVID-19 variant-adapted vaccines, including those targeting the Omicron and XBB1.5 variants, infringed CureVac’s patents, including European Patent EP4023755 relating to split poly-A tail mRNA vaccines.

In May 2023, CureVac filed counterclaims in the U.S. asserting infringement of nine U.S. patents, later expanded to include a tenth patent (U.S. Patent No. 11,667,910), covering mRNA purification methods — a critical component of the mRNA manufacturing process.

In August 2025, it was announced that BioNTech and CureVac reached a global resolution. Under the terms of the agreements, CureVac and GSK will receive in aggregate a payment of $740 million as well as single-digit royalties on sales of COVID-19 vaccines in the United States going forward. Additionally, CureVac will receive $50 million from GSK for monetizing a portion of U.S. product royalties due under its existing license agreement announced on July 3, 2024.

The resolution resolved all pending U.S. and European litigation, including what would have been the first U.S. trial over COVID-19 vaccine patents. It was one of the most-watched biotechnology patent disputes in recent years.

Partner Mark H. Izraelewicz led CureVac’s U.S. litigation strategy, alongside a team at Marshall Gerstein, which included Kevin M. Flowers, John R. Labbé, Michael R. Weiner, Sandip H. Patel, Michael J. Allikian, Thomas R. Burns, Izabella N.C. Higson, Daniel Gonzalez, and Christopher J. Hall.

For more coverage, see the following articles:

CureVac's Patent Settlement: A Strategic Win for mRNA Innovation and Future Revenue Streams

GSK collects $320M as BioNTech, Pfizer settle mRNA patent spat with CureVac | Fierce Pharma