Biontech SE & Anor v Curevac SE [2024] EWHC 1408 (Pat) (07 June 2024)

Biontech SE & Anor v Curevac SE [2024] EWHC 1408 (Pat) (07 June 2024)

Pfizer/BioNTech must now, by appropriate procedural means, identify any factual matters they rely on as to why the skilled addressee would think the technical effect was implausible, as the burden is on the party attacking the patent to provide such reasons.

Citation
[2024] EWHC 1408 (Pat)
Parties
Claimant: BIONTECH SE; Claimant: PFIZER INC.; Defendant/part 20 Claimant: CUREVAC SE; Part 20 Defendant: BIONTECH MANUFACTURING GMBH; Part 20 Defendant: PFIZER LIMITED
Jurisdiction
England and Wales
Judgment Date
07 June 2024
Procedural Posture
Patent Infringement and Validity / Pre Trial Case Management Judgment
Outcome
Procedural directions given; no final determination on merits.
Legal Topics
Patent Validity, Pleading Requirements, Ab Initio Implausibility, Disclosure of Technical Effect
Intellectual Property Patents Patent Validity Pleading Requirements Ab Initio Implausibility Disclosure of Technical Effect

Case Brief

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Parties

BIONTECH SE

Claimant

PFIZER INC.

Claimant

CUREVAC SE

Defendant/part 20 Claimant

BIONTECH MANUFACTURING GMBH

Part 20 Defendant

PFIZER LIMITED

Part 20 Defendant

Procedural Posture

Patent Infringement and Validity / Pre Trial Case Management Judgment

Legal Issues

  1. 1 Whether pleadings adequately identify factual matters relevant to ab initio implausibility of technical effect in patent law
  2. 2 Whether parties have sufficiently identified reasons for implausibility as required by current legal standards

Ratio Decidendi

Pfizer/BioNTech must now, by appropriate procedural means, identify any factual matters they rely on as to why the skilled addressee would think the technical effect was implausible, as the burden is on the party attacking the patent to provide such reasons.

Court Disposition

Procedural directions given; no final determination on merits.

Orders

  • Pfizer/BioNTech to identify factual matters relied on regarding implausibility of technical effect.
  • Trial timetable set: EP '122 to be heard 8-9 July 2024; evidence of Professor Ashe to conclude by lunchtime 18 July 2024.