CureVac and GSK have reached a settlement with Pfizer and BioNTech to resolve ongoing patent litigation concerning mRNA-based Covid-19 vaccines in the US.
The settlement involves a combined payment of $740m to CureVac and GSK, alongside single-digit royalties on US sales of Covid-19 vaccines.
GSK will receive an upfront settlement of $370m, along with a 1% royalty on US sales of influenza, Covid-19, and related combination mRNA vaccine products by BioNTech and Pfizer from the beginning of this year.
The upfront amount includes $320m in cash, while the remainder will be attributed to amendments in GSK’s existing agreement with CureVac.
CureVac will receive $50m from GSK for monetising a portion of US product royalties due under their existing licence agreement.
The deal provides BioNTech and Pfizer with a non-exclusive licence to manufacture, use, import, and sell mRNA-based Covid-19 and influenza products in the US.
It can be expanded globally upon the completion of BioNTech’s acquisition of CureVac.
The proposed acquisition, announced on 12 June 2025, is subject to regulatory approval but is expected to proceed as planned.
If successful, the acquisition will lead to the settlement of mRNA patent litigation outside the US.
GSK is entitled to receive an additional $130m and further royalty payments on future sales by BioNTech and Pfizer.
The British drugmaker will continue to enforce its patents against Pfizer and BioNTech in the US and Europe, despite the settlement.
Furthermore, it has agreed to tender its around 16.6 million CureVac shares in the upcoming offer as part of a customary tender and support agreement.