BioNTech Settles Royalty Disputes with NIH and University of Pennsylvania
BioNTech, the German biotechnology company behind the pioneering COVID-19 vaccine developed with Pfizer, has reached two settlement agreements to resolve royalty payment disputes with the US National Institutes of Health (NIH) and the University of Pennsylvania, according to court filings released on Friday.
Under the agreements, BioNTech will pay $791.5 million (€759.2 million) to the NIH and $467 million to the University of Pennsylvania. These payments address claims regarding royalty obligations related to the development of the COVID-19 vaccine Comirnaty, which was the first vaccine approved for emergency use and later for regular use during the pandemic.
Disputes Over Royalties
The NIH settlement pertains to royalties for patents licensed by BioNTech, which were critical in the vaccine's development. Meanwhile, the University of Pennsylvania had filed a lawsuit accusing BioNTech of underpaying royalties for a sublicense to the university’s technology acquired through a third party in 2017.
The University alleged that BioNTech utilized the licensed technology to create the vaccine, which has been widely distributed globally in partnership with Pfizer.
A Groundbreaking Vaccine
The BioNTech/Pfizer COVID-19 vaccine, developed at unprecedented speed, became a cornerstone of the global response to the pandemic. Its success led to significant revenue for both companies, prompting scrutiny over licensing agreements and royalty payments.
Resolving Legal Challenges
With these settlements, BioNTech has moved to address key legal challenges, ensuring ongoing cooperation with its research partners. The company stated in filings that resolving these disputes would enable it to focus on future innovations in mRNA-based therapies.
Broader Implications
These settlements highlight the complexities of intellectual property and royalty agreements in the rapidly evolving biotechnology sector, particularly during crises like the COVID-19 pandemic. As the first vaccine to receive emergency use authorization, Comirnaty set new precedents for both scientific collaboration and legal negotiations.
The settlements mark an important resolution in the partnerships that underpinned the vaccine's success, allowing BioNTech to turn its attention to advancing its pipeline of treatments and vaccines.