Investing.com -- Shares of CureVac (NASDAQ: CVAC) climbed 11% following a favorable patent validity decision in its legal proceedings against BioNTech (NASDAQ: NASDAQ: BNTX ). The European Patent Office (EPO) upheld CureVac’s crucial patent, EP 3 708 668 B1, with amendments, marking a significant advancement in the ongoing intellectual property dispute.

The EPO’s ruling largely dismissed the opposition filed by BioNTech in April 2023, which questioned the validity of CureVac’s patent. The decision is pivotal as it sets the stage for the next phase of the legal battle. The Regional Court Düsseldorf is now poised to determine whether the amended patent has been infringed upon, with an infringement hearing scheduled for July 1, 2025. A ruling in favor of CureVac could lead to subsequent proceedings to assess damages.

CureVac’s CEO, Dr. Alexander Zehnder, expressed confidence in the patent’s infringement in its current form and underscored the importance of the decision for the company’s pioneering role in mRNA technology. CureVac’s patent covers a fundamental invention known as split poly-A tail technology, which is crucial for enhancing the efficacy of mRNA-based medicines by improving the expression of the encoded protein.

Investors have responded positively to the news, reflecting optimism about CureVac’s potential to secure recognition for its contributions to mRNA technology and receive fair compensation. The company’s commitment to advancing the field of mRNA-based medicines remains steadfast, and this legal milestone supports their position as an early innovator in the space.

The stock movement today underscores the market’s reaction to the legal developments and the implications for CureVac’s intellectual property rights.

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