Biontech SE & Anor v Curevac SE

Pfizer/BioNTech must now identify any factual matters relied on to show why the skilled addressee would find the technical effect implausible, as it is not for the patentee to do so.

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: 06 December 2024
Procedural Posture: Patent Litigation / Pre Trial Case Management Ruling
Outcome: Procedural directions given; trial timetable set; no final determination on merits.
Legal Topics: Patent Validity, Pleading Requirements, Summary Judgment, Case Management

Intellectual Property Patent Law Patent Validity Pleading Requirements Summary Judgment Case Management

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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 Litigation / Pre Trial Case Management Ruling

Legal Issues

1 How should pleadings address the legal test for patent validity in light of Warner-Lambert?
2 What are the procedural requirements for identifying reasons for ab initio implausibility of technical effect?

Ratio Decidendi

Pfizer/BioNTech must now identify any factual matters relied on to show why the skilled addressee would find the technical effect implausible, as it is not for the patentee to do so.

Court Disposition

Procedural directions given; trial timetable set; no final determination on merits.

Orders

Pfizer/BioNTech to identify factual matters relied on for implausibility of technical effect.
Trial on EP '122 to start Monday 8th July and conclude by lunchtime Tuesday 9th July.