Generic for Eliquis, stop selling after supreme court loss

BMS discontinued sales to reduce compensation to Chong Kun Dang and Samjin

The cumulative prescription amount for generics is around ₩10 billion, and the actual compensation amount seems to be less than this

Eliquis (Apixaban)’s generic companies stop selling one after another.

 

This is a strategy after the Supreme Court ruled in favor of the original company BMS in the Eliquis patent dispute.

 

This is a measure to reduce the risk even a little in preparation for future lawsuits for claiming damages.

 

According to the pharmaceutical industry on the 13th, Chong Kun Dang, Yuhan Corporation, Samjin Pharm, and Hanmi Pharm, which are selling Eliquis generics, have either stopped or stopped selling the product.

 

An official from a company selling generics said, "We have already stopped selling them." An official from another pharmaceutical company also said, "We are actively considering a plan to stop the sale." Another pharmaceutical company official, whose sales performance of generics is not large, said, "We will follow the choices of other companies." The reason they stop selling is because of the burden of a lawsuit for damages in the future.

 

Claims for damages are proportional to product sales.

 

This is because the more sales, the more compensation.

 

In preparation for this, the sale is stopped in an effort to reduce the amount of compensation even a penny.

 

BMS officially announced a claim for damages immediately after the Supreme Court ruling.

 

Korea BMS Pharmaceutical CEO Kim Jin-young said, "As the validity of the Eliquis patent has been confirmed, we will take all possible legal actions, including claims for damages, for any act that infringes on the patent." ◆"The amount of damages will be less than the actual sales.

 

Fierce legal disputes expected" In the pharmaceutical industry and the legal community, damage compensation is expected to be calculated less than the actual sales of generic products.

 

According to the drug market research institute UBIST, the cumulative combined prescription amount of generic items is a little less than 10 billion won as of the end of last year.

 

Since its launch in July 2019, it has been prescribed 1.2 billion won that year and 8.3 billion won last year.

 

By item, Chong Kun Dang Liquisia 3 billion won, Samjin Pharmaceutical Elxaban 1.8 billion won, Yuhan Apixaban 1.3 billion won, etc.

 

Typically, the amount of damages due to patent infringement is determined from operating profits, not from sales of the generics.

 

This is because the'profit' obtained as a result of patent infringement is calculated as the amount of compensation.

 

However, it goes through a very complicated calculation process as to how much the actual profit will be viewed.

 

For example, raw material prices are generally excluded from damages.

 

If the generic had not been released, the raw material would not have been bought, so it is subtracted from the damages.

 

An official in the legal profession said, "Other items are added or subtracted from the calculation of damages," and "Another legal dispute between BMS trying to receive even a penny more in relation to the calculation of damages and a generic company trying to reduce even a little will develop very fiercely." .

 

Generic companies are also preparing for destruction and repatriation along with the suspension of sales.

 

This is because the legal battle has not yet ended.

 

Earlier, the Supreme Court remanded the case to the Patent Court while making a decision on the side of BMS.

 

In general, the remand of revocation is based on the judgment of the superior judge.

 

However, if a new allegation is raised at the remand of revocation trial, the opposite decision may be made.

 

Accordingly, generic companies are looking for new logic to deny Eliquis' material patent.