Commercial Court extends BMS and Pfizer exclusivity over blockbuster Eliquis...

Court extends BMS and Pfizer exclusivity over blockbuster Eliquis patent until 2028


The partners Pfizer and Bristol Myers Squibb (BMS) Eliquis is one of the top-selling drugs globally, and has been a prominent target for generic drug companies looking to capitalize on sales. However, with a recent win in court guaranteeing years of exclusive sales in the coveted US market this will not happen.

Two Eliquis patents previously won, were upheld by the U.S Courts of Appeals for the Federal Circuit. This current appeal win sets the two partners up until 1st April 2028 in the U.S market exclusively.

Before this, the two partners were expecting generic formulations of the anticoagulant to appear in the U.S between 2026 and 2031. The partners settled with numerous generic drug companies, however, Sunshine Lake Pharma, Hec Pharm, Sigmapharm, and Unichem are taking their cases to court.

Two patent questions were found to be valid in a court ruling by the U.S District Court for the District of Delaware in the previous summer. This led to last week’s court ruling after the generic drug companies appealed.

Eliquis generated about $9 billion annually, being among the globe’s top-selling medicines. These extra years of U.S patent coverage will lead to revenue gains of billion for the companies.

The copied versions of FDA-approved Eliquis will not be able to reach the U.S market until the patent protection period ends, or until the settlement terms are adhered to.

In 2020, Eliquis was able to gain $9.17 billion which is a 16% higher revenue than 2019. The company stated that its belief is that Bristol Myers Squibb will continue increasing its share within its medicinal class. Bristol Myer’s CFO stated “growth outlook for Eliquis remains strong as we continue to grow the oral anticoagulant class.”

Bristol Myers Squibb first manufactured this anticoagulant drug and then approached Pfizer, which was picked due to its global reach in the medicinal landscape, with the offer of a partnership, and in 2007 this Pfizer BMS partnership materialized.

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