The Trustees Of The University Of Pennsylvania vs. Biontech Se et al

Case Background

On August 5, 2024, Plaintiff The Trustees of the University of Pennsylvania filed a COVID-19 vaccine royalty lawsuit in the United States District Court, Pennsylvania Eastern, Philadelphia(Case number: 2:24cv3801). District Judge Kai N. Scott presided over this case.

Cause

The Trustees of the University of Pennsylvania (Penn) filed a lawsuit against BioNTech SE and BioNTech RNA Pharmaceuticals GmbH, accusing them of breaching a patent sublicense agreement. This agreement allowed BioNTech to use Penn’s Nobel Prize-winning mRNA technology, developed by Drs. Katalin Karikó and Drew Weissman, to create the COVID vaccine, Comirnaty®. Penn alleged that BioNTech failed to comply with its royalty obligations under the contract. Specifically, BioNTech manufactured the COVID vaccine in countries where Penn held patents but only paid royalties for sales in countries where those patents were enforced. Penn asserted that the agreement required BioNTech to pay royalties on all global sales of the COVID vaccine, regardless of where the vaccine was administered, if it was manufactured using Penn's patented technology. Furthermore, Penn claimed that BioNTech deducted payments for third-party royalties, such as those made to Acuitas, TRON, and NIH, without meeting the conditions outlined in the agreement. Penn also contended that BioNTech failed to provide complete royalty reports or conduct required independent audits, violating its contractual obligations.

Injuries

Penn experienced signifi