Second trial on patent dispute over Bonviva

Atnahs Pharma appeals after losing first trial, compensation for damages is inevitable in the event of losing the domestic company

There will be a patent dispute over the osteoporosis drug Bonviva (Ibandronate) again.

 

It is an analysis of damages worth ₩tens of billions by domestic companies that are selling generics for Bonviva.

 

According to the pharmaceutical industry on the 10th, British pharmaceutical company Atnahs Pharma, which owns patents of Bonviva, recently filed a lawsuit with the Patent Court to cancel the verdict of The Intelligent Property Trial and Appeal Board.

 

In the previous first trial, Atnahs Pharma was defeated.

 

The Intelligent Property Trial and Appeal Board ruled in March that Bonviva's patent was invalid.

 

South Korean companies launched generic for Bonviva in 2012.

 

Sales continued for years afterwards without patent disputes.

 

Roche, the original company, held Bonviva's patent for use, but did not file a patent suit against the launch of the generic.

 

Patent courts and Supreme Court did not recognize patents for indications/dosage.

 

For the original company, there was no reason to dispute the patent because it was certain to lose.

 

The situation was reversed in 2015.

 

The Supreme Court scrapped existing cases in patent dispute of Baraclude (Entecavir) and admitted patents on indications/dosage.

 

This also affected the patents of Bonviva.

 

However, Roche did not file a separate patent dispute until then.

 

The problem arose in 2018 when Bonviva's global patent rights were transferred from Roche to Atnahs Pharma in the UK.

 

Atnahs Pharma has filed a lawsuit against local generics for Bonviva to ban patent infringement and seek massive damages.

 

More than 10 generics, including Theragen, Alico, PharmGen Science, ChoA, Kolmar Korea, Huvist, and Dongkwang, which sold generics for Bonviva, jointly responded.

 

The Intelligent Property Trial and Appeal Board sided with generic companies.

 

With the appeal of Atnahs Pharma, the case was dealt with again in the second trial.

 

According to UBIST, a pharmaceutical market research firm, Bonviva's prescription for out-of-pocket was ₩2.9 billion last year.

 

It is sold by Handok in Korea.

 

Generics for Bonviva are 93 items in Korea.

 

Their prescription amount for last year is estimated to be around ₩10.3 billion.

 

If the second trial makes a different ruling from the first trial, generic companies will have to deliver a large portion of their sales revenue to the original company since 2012.