Biotech company Acuitas Therapeutics has filed a lawsuit in Virginia federal court against Germany-based CureVac SE (NASDAQ:CVAC), accusing it of failing to credit Acuitas on patents related to COVID-19 vaccines.

Acuitas is developing lipid nanoparticle (LNP) technology used in mRNA vaccines and other therapeutics under development. 

Acuitas's R&D resulted in its lipids and LNP technology being used to deliver the mRNA payload in the Pfizer Inc (NYSE:PFE)/BioNTech SE (NASDAQ:BNTX) COVID-19 vaccine, Comirnaty Reuters writes.

Acuitas told the court that CureVac omitted its scientists from patent applications for lipid nanoparticle technology used in messenger RNA-based vaccines after collaborating to develop the technology during the COVID-19 pandemic.

Canada-based Acuitas asked the court to list its scientists as co-inventors on the CureVac patents, which could allow Acuitas to license them independently, Reuters noted.

Pfizer and BioNTech have also sued CureVac, asking a judge to block CureVac's infringement allegations against the companies. 

Acuitas has separately asked to intervene with its inventorship claims in that case in Virginia.

CureVac said it is "confident that our IP complies with all applicable laws and does not breach any agreements with Acuitas" and would "vigorously defend" itself against the allegations.

Acuitas said in its Monday lawsuit that it and CureVac have collaborated on mRNA-based therapeutics using its LNP technology since 2014. The complaint said the companies began working together on a COVID-19 vaccine in January 2020.

CureVac is currently testing a modified COVID-19 vaccine developed in collaboration with GSK Plc (NYSE:GSK).

In August, CureVac dosed the first participant in the Phase 2 study of monovalent and bivalent modified mRNA COVID-19 vaccine candidates. A first data read-out of the study is expected early in the first half of 2024.

Price Action: CVAC shares closed at $5.66 on Tuesday.

Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.