Acuitas Therapeutics, Inc. et al. v. Curevac SE
Infringement action filed 13 Nov 2023 in the United States District Court for the Eastern District of Virginia and closed 28 Nov 2023, with 4 patents asserted. Recorded basis of termination: case transferred.
Case record
- Patents involved
- US11576966B2US11596686B2US11241493B2US11471525B2
- Case no.
- 3:23-cv-00764
- Verdict cause
- Infringement action
- Court
- E.D. Va.
- Court level
- District Court
- Case region
- Virgin Islands of the United States
- Chief judge
- M. Hannah Lauck
- Trial level
- First instance
- Filed – Closed
- 13 Nov 2023 – 28 Nov 2023
- Duration
- 15 days
- Basis of termination
- Case Transferred
- Products & marks
- Coronavirus vaccine
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Prior art, claim scope, infringement exposure and design-around routes. Every answer cites the records behind it.
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Coronavirus vaccine
The present invention is directed to a nucleic acid suitable for use in treatment or prophylaxis of an infection with a coronavirus, preferably with a Coronavirus SARS-CoV-2, or a disorder related to such an infection, preferably COVID-19. The present invention is also directed to compositions, polypeptides, and vaccines. The compositions and vaccines preferably comprise at least one of said nucleic acid sequences, preferably nucleic acid sequences in association a lipid nanoparticle (LNP). The invention is also directed to first and second medical uses of the nucleic acid, the composition, the polypeptide, the combination, the vaccine, and the kit, and to methods of treating or preventing a coronavirus infection, preferably a Coronavirus infection.
- Legal status
- Active
- Granted
- 14 Feb 2023
- Earliest priority
- 4 Feb 2020
- Est. expiry
- 3 Feb 2041
- Validity challenges
- None recorded
- Licences recorded
- None recorded
- Inventors
- RAUCH, SUSANNE · GROSSE, HANS WOLFGANG · PETSCH, BENJAMIN
- Classification
- A61K39/215A61P31/14A61K9/00A61K47/26A61K39/00
- Prosecution counsel
- pH IP Law
- Examiner
- CHEN, STACY B
Coronavirus vaccine
The present invention is directed to a nucleic acid suitable for use in treatment or prophylaxis of an infection with a coronavirus, preferably with a Coronavirus SARS-CoV-2, or a disorder related to such an infection, preferably COVID-19. The present invention is also directed to compositions, polypeptides, and vaccines. The compositions and vaccines preferably comprise at least one of said nucleic acid sequences, preferably nucleic acid sequences in association a lipid nanoparticle (LNP). The invention is also directed to first and second medical uses of the nucleic acid, the composition, the polypeptide, the combination, the vaccine, and the kit, and to methods of treating or preventing a coronavirus infection, preferably a Coronavirus infection.
- Legal status
- Active
- Granted
- 7 Mar 2023
- Earliest priority
- 4 Feb 2020
- Est. expiry
- 3 Feb 2041
- Validity challenges
- None recorded
- Licences recorded
- None recorded
- Inventors
- RAUCH, SUSANNE · GROSSE, HANS WOLFGANG · PETSCH, BENJAMIN
- Classification
- A61K39/215A61K47/26A61K9/00A61P31/14A61K39/00
- Prosecution counsel
- pH IP Law
- Examiner
- CHEN, STACY B
Also asserted in this case
2 moreThe docket lists 4 asserted patents. Full bibliographic detail, drawings and prosecution history for the remaining 2 asserted patents are one query away in Eureka.
Parties of record
Acuitas Therapeutics, Inc.
- Core tech
- Not recorded
- Counsel
- Robert William McFarland
- Firm
- McGuireWoods LLP
- Also named
- Barbara Mui · Paulo Lin · Ying Tam · Michael Hope
Curevac SE
- Core tech
- A61K39/215A61P31/14A61K9/00A61K47/26
- Counsel
- Not recorded
- Firm
- Not recorded
Counsel of record
| Attorney | For | Role |
|---|---|---|
| Robert William McFarland | Acuitas Therapeutics, Inc. | Plaintiff |
Basis of termination
From the record · verbatim“This matter comes before the Court siia sponle. Upon due consideration, the Court finds it in the interest of judicial efficiency to reassign this case. The Clerk is DIRECTED to transfer this case to the Norfolk Division. Judge Jamar K. Walker is currently assigned a related case, BioNTech SE v. CureVac SE, 2:23cv222. Accordingly, the Clerk is DIRECTED to directly assign this matter to Judge Walker. Let the Clerk send a copy of this Order to ail counsel of record. It is SO ORDERED.”
Case 3:23-cv-00764 · E.D. Va. · closed 28 November 2023
Related cases
Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.
Frequently asked questions
What is case 3:23-cv-00764?
3:23-cv-00764 is a patent infringement action brought by Acuitas Therapeutics, Inc. against Curevac SE, filed on 13 Nov 2023 in the United States District Court for the Eastern District of Virginia. The case closed on 28 November 2023.
Which patents were asserted in 3:23-cv-00764?
US11576966B2 (“Coronavirus vaccine”), assigned to CUREVAC SE, currently active; US11596686B2 (“Coronavirus vaccine”), assigned to CUREVAC SE, currently active; US11241493B2 (“Coronavirus vaccine”), assigned to CUREVAC SE; US11471525B2 (“Coronavirus vaccine”), assigned to CUREVAC SE. The record also lists Coronavirus vaccine.
How was case 3:23-cv-00764 terminated?
The recorded basis of termination is case transferred. The termination text reads: “This matter comes before the Court siia sponle. Upon due consideration, the Court finds it in the interest of judicial efficiency to reassign this case. The Clerk is DIRECTED to transfer this case to the Norfolk Division. Judge Jamar K. Walker is currently assigned a related case, BioNTech SE v. CureVac SE, 2:23cv222. Accordingly, the Clerk is DIRECTED to directly assign this matter to Judge Walker. Let the Clerk send a copy of this Order to ail counsel of record. It is SO ORDERED.”
What does transfer mean?
A transfer moves the case to another district rather than deciding it. The action continues there under a new case number.
How long did case 3:23-cv-00764 take?
15 calendar days, from filing on 13 Nov 2023 to closure on 28 November 2023.
Who were the attorneys and the judge in 3:23-cv-00764?
Chief Judge M. Hannah Lauck presided. Robert William McFarland is recorded as counsel for plaintiff Acuitas Therapeutics.
Disclaimer. This page reproduces publicly available court docket data for case 3:23-cv-00764 and is provided for general information and reference only. It is not legal advice and must not be relied upon as such.
Docket data has limits. Records are drawn from a snapshot and may lag the live docket. Sealed filings, amended complaints, counterclaims and post-closure motions may not be reflected. Party names, attorney names and firm affiliations are reproduced as recorded and may contain omissions. Where a field is absent from the record, this page marks it as not recorded rather than inferring a value.
No characterisation of the parties or the outcome. This page reports what the record contains. Nothing here should be read as an assertion that any party infringed, that any patent is valid or invalid, that any settlement occurred, or that any party prevailed.
No FTO or validity opinion. Nothing on this page constitutes a freedom-to-operate, novelty, validity or infringement opinion. Any decision touching a live patent dispute should be verified independently and reviewed with qualified patent counsel.