BMS Korea and Pfizer Korea said they have finally won the suit against local drugmakers over the substance patent of Eliquis (ingredient: apixaban), a cardiovascular drug jointly sold by the two companies.

On Thursday, the Supreme Court recognized the validity of the Eliquis patent. Upon the ruling, the substance patent of Eliquis will be protected until September 9, 2024.

The decision is the final outcome of the multiple local drug companies’ lawsuit to invalidate the Eliquis patent filed in March 2015.

BMS Korea and Pfizer Korea have won the suit against local drugmakers over the substance patent of Eliquis, a cardiovascular drug.
BMS Korea and Pfizer Korea have won the suit against local drugmakers over the substance patent of Eliquis, a cardiovascular drug.

The litigation dragged for over five years, and the court finally upheld the validity of the original drug’s substance patent.

Suppose other drug companies manufacture, supply, or sell generic drugs of Eliquis before the patent's expiration. In that case, they will be deemed to have infringed upon BMS Korea and Pfizer Korea's patent right.

“I am very pleased that the validity of the Eliquis substance patent was recognized in Korea, following the case in the U.S. and Canada,” said Kim Jin-young, general manager of BMS Korea.

Pharmaceutical companies' intellectual property rights are important to encourage and reward innovation for researching and developing new treatment methods for patients. The intellectual property rights should be protected and respected sufficiently under relevant laws and regulations, she went on to say.

“I hope the Supreme Court ruling could further accelerate the pharmaceutical industry’s growth based on R&D and innovation,” Kim said.

She also emphasized that as the court confirmed the validity of the Eliquis patent, BMS Korea will seek all possible legal actions, including damage compensations against any acts that infringe on the patent.

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