Bayer, Files

Bayer Files Patent Suit Against BioNTech and mRNA Vaccine Partners

08.01.2026 - 08:54:04

BioNTech US09075V1026

The German pharmaceutical giant Bayer has initiated legal proceedings in the United States against BioNTech, Pfizer, and Moderna. The lawsuits, filed on January 7, 2026, in federal courts in Delaware, allege that the mRNA stabilization technology central to the COVID-19 vaccines infringes on patents originally developed by Bayer’s subsidiary, Monsanto, decades ago.

Bayer’s claim rests on biotechnology patents from the 1980s that were initially designed for agricultural applications, specifically plant breeding, rather than pharmaceutical products. The company asserts that the methods used to stabilize messenger RNA in the vaccines are based on its own early innovations. This legal approach places Bayer among a growing number of entities staking claims to foundational mRNA technology.

A notable aspect of the suit is Bayer’s specific demand: it is seeking financial compensation from vaccine revenues but has explicitly refrained from requesting a production halt or sales ban. This distinguishes the case from previous patent disputes in the sector, such as those between Moderna and the Pfizer/BioNTech alliance, which have sometimes aimed for injunctions.

BioNTech Proceeds with CureVac Acquisition

Amid this legal development, BioNTech is moving forward with a significant strategic expansion. The company is finalizing its takeover of CureVac, following the successful completion of its tender offer on December 18, 2025. The remaining steps, including the squeeze-out of minority shareholders, are anticipated to conclude within January.

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This acquisition grants BioNTech access to valuable production facilities in Tübingen and bolsters its research pipeline with additional mRNA candidates targeting oncology and infectious diseases. Furthermore, the integration effectively consolidates the German biotechnology landscape by absorbing a direct domestic competitor.

Market Reaction and Forward Outlook

Investor response to the lawsuit has been measured. BioNTech shares closed at $98.09 on January 6, with the news prompting a subdued reaction compared to the volatility seen during patent disputes earlier in the pandemic. The market appears to be viewing the litigation as a long-term legal contingency rather than an immediate threat to operations.

Attention now turns to the upcoming J.P. Morgan Healthcare Conference in mid-January, where BioNTech’s management may provide further details on the CureVac integration and could potentially comment on its defense strategy against Bayer. The finalization of the squeeze-out is expected to clarify the corporate structure and allow for initial synergy reports in the first quarter of 2026.

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