We are currently subject to certain claims by or on behalf of our shareholders. As of December 31, 2024, these

claims do not fulfill the criteria for recording a provision.

Substantially all of our contingent liabilities are subject to significant uncertainties and, therefore, determining the

likelihood of a loss and/or the measurement of any loss can be complex. Consequently, we are unable to

estimate the range of reasonably possible loss. Our assessments, which result from a complex series of

judgments about future events and uncertainties, are based on estimates and assumptions that have been

deemed reasonable by management, but that may prove to be incomplete or inaccurate, and unanticipated

events and circumstances may occur that might cause us to change those estimates and assumptions. We

currently do not believe that any of these matters will have a material adverse effect on our financial position,

and will continue to monitor the status of these and other claims that may arise. However, we could incur

judgments, enter into settlements or revise our expectations regarding the outcome of matters, which could have

a material adverse effect on our results of operations and/or our cash flows in the period in which the amounts

are accrued or paid. We will continue to evaluate whether, if circumstances were to change in the future, the

recording of a provision may be needed and whether potential indemnification entitlements exist against any

such claim.

Certain pending matters to which we are a party are discussed below.

Alnylam Proceedings

In March 2022, Alnylam Pharmaceuticals, Inc., or Alnylam, filed a lawsuit against Pfizer and Pharmacia & Upjohn

Co. LLC in the U.S. District Court for the District of Delaware alleging that an existing patent owned by Alnylam,

U.S. Patent No. 11,246,933, or the ‘933 Patent, is infringed by the cationic lipid used in Comirnaty, and seeking

monetary relief, which is not specified in their filings. We filed a counterclaim to become party to the Alnylam

proceeding, and in June 2022, Alnylam added to its claims allegations that we induced infringement of the ‘933

Patent. Additionally, in July 2022, Alnylam filed a lawsuit against us, our wholly owned subsidiary, BioNTech

Manufacturing GmbH, Pfizer and Pharmacia & Upjohn Co. LLC in the U.S. District Court for the District of

Delaware alleging that we also induced infringement of a newly issued patent, U.S. Patent No. 11,382,979, or

the ‘979 Patent, which is a continuation of the ‘933 Patent. The two lawsuits were consolidated on July 28, 2022.

In May 2023, Alnylam filed a third lawsuit against Pfizer Inc. and Pharmacia & Upjohn Co. LLC in the U.S.

District Court for the District of Delaware alleging infringement of U.S. Patent Nos. 11,633,479; 11,633,480;

11,612,657; and 11,590,229, all of which are continuations of the ‘933 Patent. We filed a counterclaim to become

party to the new proceeding, and in July 2023, Alnylam added to its claims allegations that we induced

infringement of the four new patents. All of the lawsuits have been consolidated into a single proceeding, which

is currently expected to go to trial in July 2025.

We believe we have strong defenses against the allegations claimed relative to each of the patents and intend to

vigorously defend ourselves in the proceedings mentioned above. However, our analysis of Alnylam’s claims is

ongoing and complex, and we believe the outcome of the suit remains substantially uncertain. Taking into

account discussions with our external lawyers, we do not consider the probability of an outflow of resources to

be sufficient to recognize a provision at the balance sheet date. In our opinion, these matters constitute

contingent liabilities as of the balance sheet date. However, it is currently impractical for us to estimate with

sufficient reliability the respective contingent liabilities.

CureVac Proceedings

Infringement Proceedings – EP’122, DE’961, DE‘974, DE’575, and EP’668

In July 2022, CureVac AG (CureVac) filed a lawsuit against us and our wholly owned subsidiaries, BioNTech

Manufacturing GmbH and BioNTech Manufacturing Marburg GmbH, in the Düsseldorf Regional Court, alleging

Comirnaty’s infringement of one European patent, EP1857122B1, or EP’122, and three Utility Models

DE202015009961U1, DE202015009974U1, and DE202021003575U1. In August 2022, CureVac AG added

European Patent EP3708668B1, or EP’668, to its German lawsuit.

On August 15, 2023, the Düsseldorf Regional Court held a hearing on infringement with respect to all five IP

rights. At the hearing, the Court suspended its infringement ruling with respect to EP’122 until December 28,

2023. On September 28, 2023, the Court issued orders suspending its infringement rulings with respect to the

remaining four IP rights (DE’961, DE’974, DE’575, and EP’668) pending validity decisions in the DE’961,

DE’974, and DE’575 cancellation proceedings before the German Patent and Trademark Office and in the

EP’668 opposition proceedings before the Opposition Division of the European Patent Office, or EPO. In the

September 28th orders, the Court explained that it was suspending its infringement rulings until validity decisions

are reached, while contemporaneously noting concerns regarding the validity of DE’961, DE’974, DE’575, and

EP’668. On December 28, 2023, the Düsseldorf Regional Court stayed the infringement proceedings as to

EP’122 until a final appellate decision is rendered as to the validity of EP’122 by the Federal Court of Justice. On

June 7, 2024, CureVac AG waived DE’575 and withdrew this utility model from the infringement proceedings. On

July 2, 2024, the EPO Opposition Division issued a preliminary opinion noting that it believes EP’668 is likely

invalid, and set an oral hearing for March 2025.

Infringement Proceedings – EP’755, DE’123, and DE’130

In July 2023, CureVac filed a second lawsuit against us and our wholly owned subsidiaries, BioNTech

Manufacturing GmbH and BioNTech Manufacturing Marburg GmbH, in the Düsseldorf Regional Court, alleging

Comirnaty’s infringement of one European patent, EP4023755B1, or EP’755, and two Utility Models

DE202021004123U1, and DE202021004130U1. On June 7, 2024, CureVac waived DE’123 and withdrew this

utility model from the infringement proceedings. A hearing on infringement with respect to EP’755 and DE’130

that was scheduled to occur in the Düsseldorf Regional Court on September 10, 2024 was rescheduled for July

2025 and the Court suspended its infringement ruling with respect to DE’130 until a validity decision was

reached in the co-pending cancellation proceeding before the German Patent and Trademark Office. On July 24,

2024, the EPO Opposition Division issued a preliminary opinion noting that it believes EP’755 is likely invalid,

and set an oral hearing for May 2025.

Nullity Proceedings – EP’122

In September 2022, we filed a nullity action in the Federal Patent Court of Germany seeking a declaration that

EP’122 is invalid. In April 2023, the Federal Patent Court of Germany issued a preliminary opinion in the EP’122

nullity action in support of the validity of EP’122. The preliminary opinion did not address any infringement of

EP’122. The preliminary opinion is a preliminary assessment by the court of the merits of a claim, and is non-

binding. On December 19, 2023, the Federal Patent Court held an oral hearing, after which it nullified EP’122.

On April 30, 2024, the Federal Patent Court issued a judgment containing its written reasons for nullifying

EP’122. On May 7, 2024, CureVac appealed the judgment, which is currently pending.

Cancellation Proceedings – DE’961, DE‘974, and DE’575

In November 2022, we filed cancellation actions seeking the cancellation of the three German Utility Models in

the German Patent and Trademark Office. On December 27, 2023, the German Patent and Trademark Office

issued a preliminary opinion that DE’974 is likely to be cancelled. On January 23, 2024, the German Patent and

Trademark Office issued a preliminary opinion that DE’961 is likely to be cancelled based on invalidity pursuant

to para. 1 (2) no. 5 Utility Model Act. On March 7, 2024, the German Patent and Trademark Office issued a

preliminary opinion that DE’575 is likely to be cancelled. On June 6, 2024, CureVac submitted a written

statement to the German Patent and Trademark Office waiving DE’575. On June 12, 2024, we withdrew our

request for cancellation of DE’575. On June 25 and 26, 2024, the German Patent and Trademark Office heard

oral arguments regarding DE’961 and DE’974, and at the conclusion of the hearing on June 26, 2024, confirmed

that both DE’961 and DE’974 were cancelled. In November 2024, the German Patent and Trademark Office

issued its written decisions cancelling DE’961 and DE’974. CureVac has filed an appeal in both cancellation

proceedings, which are currently pending.

Cancellation Proceedings– DE’123 and DE’130

In November 2023, we filed cancellation actions seeking the cancellation of German Utility Models DE’123 and

DE’130 in the German Patent and Trademark Office. On June 6, 2024, CureVac submitted a written statement to

the German Patent and Trademark Office waiving DE’123. On June 12, 2024, we withdrew our request for

cancellation of DE’123. On December 5, 2024, the German Patent and Trademark Office issued a preliminary

opinion that DE’130 is likely to be cancelled.

United States

In July 2022, we and Pfizer filed a complaint for a declaratory judgment in the U.S. District Court for the District

of Massachusetts, seeking a judgment of non-infringement by Comirnaty of U.S. Patent Nos. 11,135,312;

11,149,278; and 11,241,493. In May 2023, the action in the U.S. District Court for the District of Massachusetts

was transferred to the U.S. District Court for the Eastern District of Virginia, where CureVac filed counterclaims

asserting infringement of six additional U.S. patents, U.S. Patent Nos. 10,760,070; 11,286,492; 11,345,920;

11,471,525; 11,576,966; and 11,596,686. In July 2023, CureVac filed amended counterclaims to assert an

additional U.S. patent, U.S. Patent No. 11,667,910. In June 2024, CureVac voluntarily dismissed with prejudice

its claims of infringement with respect to the ‘493, ‘525, and ‘966 patents. Currently, a three-week jury trial is

scheduled to begin on March 3, 2025, and an one-week bench trial regarding the prosecution laches defense is

scheduled to begin on April 15, 2025.

United Kingdom

In September 2022, we and Pfizer filed a declaration of non-infringement and revocation action against EP’122

and EP’668 in the Business and Property Courts of England and Wales, in the UK High Court of Justice, or the

UK High Court. In October 2022, CureVac responded by filing a counterclaim alleging infringement of the EP’122

and EP’668 patents in the Business and Property Courts of England and Wales, in the UK High Court. On

December 18, 2023, we and Pfizer amended our pleadings to add a claim for revocation and declarations of

invalidity and non-infringement with respect to EP’755. The UK High Court held a trial on EP’668 and EP’755

between July 10, 2024 and July 24, 2024. On October 8, 2024, the UK High Court released a judgment finding

both EP’668 and EP’755 invalid. The UK High Court held a hearing on November 15, 2024, during which it

denied CureVac permission to appeal the judgment. On December 5, 2024, CureVac sought permission from the

UK Appeals Court to appeal the judgment. With respect to EP’122, on October 25, 2024, CureVac agreed to a

final and unappealable revocation of the UK designation of EP’122 and to discontinue its counterclaim for

infringement.

We believe we have strong defenses against the allegations claimed relative to each of the patents and utility

models and intend to vigorously defend ourselves in the proceedings mentioned above. However, our analysis of

CureVac’s claims is ongoing and complex, and we believe the ultimate outcomes remain substantially uncertain.

Taking into account discussions with our external lawyers, we do not consider the probability of an outflow of

resources to be sufficient to recognize a provision at the balance sheet date. In our opinion, these matters

constitute contingent liabilities as of the balance sheet date. However, it is currently impractical for us to estimate

with sufficient reliability the respective contingent liabilities.

Moderna Proceedings

Germany

Infringement Proceedings – EP’949 and EP’565

In August 2022, Moderna filed a lawsuit against us and our wholly owned subsidiaries, BioNTech Manufacturing

GmbH, BioNTech Europe GmbH and BioNTech Manufacturing Marburg GmbH, as well as Pfizer, Pfizer

Manufacturing Belgium NV and Pfizer Ireland Pharmaceuticals in the Düsseldorf Regional Court alleging

Comirnaty’s infringement of two European patents, 3590949B1, or EP’949, and 3718565B1, or EP’565. On

November 7, 2023, the Opposition Division of the EPO revoked EP’565 after a one-day oral hearing, and on

December 7, 2023, it issued its written decision revoking EP’565. On December 8, 2023, the Opposition Division

issued a preliminary opinion noting that it believes EP’949 is likely invalid. As a result of those developments in

the EPO proceedings, the Düsseldorf Regional Court postponed its hearing on infringement with respect to

EP’949, originally scheduled for December 12, 2023, to January 21, 2025. On February 7, 2024, Moderna

appealed the Opposition Division’s revocation decision on EP’565, and the appeal is currently pending. On May

16, 2024, the Opposition Division decided that EP’949 is valid, in amended form, and issued its written decision

regarding the same on July 8, 2024. BioNTech appealed this decision, and the appeal is currently pending.

United Kingdom

In August 2022, Moderna filed a lawsuit asserting Comirnaty’s infringement of EP’949 and EP’565 against us

and our wholly owned subsidiaries, BioNTech Manufacturing GmbH, BioNTech Europe GmbH and BioNTech

Manufacturing Marburg GmbH, and Pfizer Limited, Pfizer Manufacturing Belgium NV and Pfizer Inc. in the

Business and Property Courts of England and Wales, in the UK High Court. In September 2022, we and Pfizer

filed a revocation action in the Business and Property Courts of England and Wales requesting revocation of

EP’949 and EP’565.

The UK High Court held a trial between April 22, 2024, and May 21, 2024. On July 2, 2024, the UK High Court

released two judgments. The first judgment concerns the validity of EP’949 and EP’565. In this first judgment,

the UK High Court found that EP’565 is invalid and therefore not infringed, while EP’949 is valid and infringed.

The second judgment concerns whether Moderna’s October 2020 commitment not to “enforce [its] COVID-19

related patents against those making vaccines intended to combat the pandemic,” or the Patent Pledge,

amounted to a consent under UK law to carry out any acts that would otherwise amount to patent infringement.

With respect to this judgment, the UK High Court found that Moderna’s Patent Pledge amounted to consent to

carry out activities that might otherwise infringe its patents prior to March 2022, but not after March 2022.

The UK High Court held a hearing on September 25, 2024, during which it granted Pfizer and BioNTech

permission to appeal its judgment regarding the validity of EP’949, and denied Moderna permission to appeal its

judgment regarding validity of EP’565. On October 16, 2024, Moderna sought permission from the UK Appeals

Court to appeal the EP'565 judgment. On November 11, 2024, the UK Appeals Court denied Moderna’s

application to appeal; accordingly, the UK designation of EP'565 is finally revoked with no further opportunity to

appeal in the UK. No party sought permission to appeal the UK High Court’s judgment on the patent pledge.

United States

U.S. District Court Litigation

In August 2022, Moderna filed a lawsuit in the U.S. District Court for the District of Massachusetts against us and

our wholly owned subsidiaries BioNTech Manufacturing GmbH and BioNTech US Inc. and Pfizer Inc. alleging

Comirnaty’s infringement of U.S. Patent Nos. 10,898,574; 10,702,600 and 10,933,127 and seeking monetary

relief. On April 12, 2024, the U.S. District Court for the District of Massachusetts stayed the litigation pending

resolution of the inter partes review of U.S. Patent Nos. 10,702,600 and 10,933,127.

Inter Partes Review

In August 2023, Pfizer and we filed petitions seeking inter partes review of U.S. Patent Nos. 10,702,600 and

10,933,127 before the United States Patent Trial and Appeal Board, or the PTAB. On March 6, 2024, the PTAB

issued decisions instituting inter partes review proceedings on all challenged claims of U.S. Patent Nos.

10,702,600 and 10,933,127. An oral hearing on the merits occurred on December 10, 2024, and a first-instance

decision by the PTAB is expected by March 2025.

Netherlands

In September 2022, Moderna filed a lawsuit against us and our wholly owned subsidiary BioNTech

Manufacturing GmbH and Pfizer B.V., Pfizer Export B.V., C.P. Pharmaceuticals International C.V. and Pfizer Inc.

in the District Court of The Hague alleging Comirnaty’s infringement of EP‘949 and EP’565. The District Court of

the Hague held a hearing on October 6, 2023, on infringement and validity with respect to EP’949. On December

6, 2023, the Court found EP’949 to be invalid. On March 5, 2024, Moderna appealed this decision, and the

appeal is pending. The EP’565 case has been stayed pending the outcome of Moderna’s appeal of the

Opposition Division’s revocation of EP’565.

Ireland

In May 2023, Moderna filed a lawsuit against us and our wholly owned subsidiary BioNTech Manufacturing

GmbH, Pfizer Inc., Pfizer Healthcare Ireland, Pfizer Ireland Pharmaceuticals, and C.P. Pharmaceuticals

International C.V. alleging Comirnaty’s infringement of EP’949 and EP’565 in the High Court of Ireland. On

February 26, 2024, the High Court of Ireland stayed the lawsuit pending the final determination of the EPO

opposition proceedings for EP’949 and EP’565 (in each case including any appeals).

Belgium

In May 2023, Moderna filed a lawsuit against us, our wholly owned subsidiary BioNTech Manufacturing GmbH,

Pfizer Inc. and Pfizer Manufacturing Belgium alleging Comirnaty’s infringement of EP’949 and EP’565 in the

Brussels Dutch-speaking Enterprise Court. On May 29, 2024, the parties filed a joint request to stay the

proceedings, which was entered by the Enterprise Court.

All of the above proceedings are currently pending.

We believe we have strong defenses against the allegations claimed relative to each of the patents and intend to

vigorously defend ourselves in the proceedings mentioned above. However, our analysis of Moderna’s claims is

ongoing and complex, and we believe the outcome of the suit remains substantially uncertain. Taking into

account discussions with our external lawyers, we do not consider the probability of an outflow of resources to

be sufficient to recognize a provision at the balance sheet date. In our opinion, these matters constitute

contingent liabilities as of the balance sheet date. However, it is currently impractical for us to estimate with

sufficient reliability the respective contingent liabilities.

Arbutus and Genevant Proceedings

In April 2023, Arbutus and Genevant filed a lawsuit against Pfizer and us in the U.S. District Court for the District

of New Jersey alleging that Pfizer and we have infringed the following patents owned by Arbutus: U.S. Patent

Nos. 9,504,651; 8,492,359; 11,141,378; 11,298,320; and 11,318,098, through the use of Genevant’s lipid

nanoparticle technology and methods for producing such lipids in Comirnaty, and seeking monetary relief. This

proceeding is currently pending.

We believe we have strong defenses against the allegations claimed relative to each of the patents and intend to

vigorously defend ourselves in the lawsuit mentioned above. However, our analysis of Arbutus and Genevant’s

claims is ongoing and complex, and we believe the outcome of the suit remains substantially uncertain. Taking

into account discussions with our external lawyers, we do not consider the probability of an outflow of resources

to be sufficient to recognize a provision at the balance sheet date. In our opinion, these matters constitute

contingent liabilities as of the balance sheet date. However, it is currently impractical for us to estimate with

sufficient reliability the respective contingent liabilities.

GlaxoSmithKline Proceedings

In April 2024, GSK filed a lawsuit against Pfizer, Pharmacia & Upjohn Co. LLC, BioNTech SE, BioNTech

Manufacturing GmbH, and BioNTech US Inc. in the United States District Court for the District of Delaware

alleging that the cationic lipid used in COMIRNATY® infringes U.S. Patent Nos. 11,638,693; 11,638,694;

11,666,534; 11,766,401; and 11,786,467; and seeking monetary relief. On August 14, 2024, GSK filed an

amended complaint to assert infringement of three additional patents, U.S. Patent Nos. 11,759,422; 11,655,475;

and 11,851,660. This proceeding is currently pending.

We believe we have strong defenses against the allegations claimed relative to each of the patents and intend to

vigorously defend ourselves in the lawsuit mentioned above. However, our analysis of GSK’s claims is ongoing

and complex, and we believe the outcome of the suit remains substantially uncertain. Taking into account

discussions with our external lawyers, we do not consider the probability of an outflow of resources to be

sufficient to recognize a provision at the balance sheet date. In our opinion, these matters constitute contingent

liabilities as of the balance sheet date. However, it is currently impractical for us to estimate with sufficient

reliability the respective contingent liabilities.

Ladewig Proceedings

In January 2024, we and certain of our officers and directors were named as defendants in a securities class

action complaint captioned Ladewig v. BioNTech SE filed in the U.S. District Court for the Central District of

California brought on behalf of a putative class of investors who purchased our securities from March 30, 2022

through October 13, 2023. Plaintiffs allege that we violated Sections 10(b) and 20(a) of the Exchange Act by

stating that we were “well positioned” to remain a “market leader” in vaccines for the prevention of COVID-19

and by purportedly overstating demand for Comirnaty. Plaintiffs further allege that we failed to adapt our

inventory to reflect the emergence of new COVID variants. On July 15, 2024, the case was transferred to the

U.S. District Court for the Southern District of New York.