Introduction
The clash of titans in the pharmaceutical world has set the stage for a legal showdown. The Patent Trial and Appeal Board of the U.S. Patent and Trademark Office has taken a bold step by initiating a trial to address a patent dispute between BeiGene (NASDAQ:BGNE) and AbbVie’s (NYSE:ABBV) Pharmacyclics unit.
The Dispute
At the heart of the conflict lies Pharmacyclics’ claim that BeiGene’s Brukinsa (zanubrutinib) infringes upon a patent associated with Imbruvica (ibrutinib). These drugs, both BTK inhibitors, have been sanctioned for distinct leukemia and lymphoma treatments.
The Legal Maneuvers
AbbVie, the commercial force behind Imbruvica in collaboration with Johnson & Johnson’s Janssen unit, fired the first shot by suing BeiGene in a Delaware federal court in June 2023. Interestingly, this legal action coincided with a pivotal Imbruvica patent grant.
BeiGene promptly responded by filing an appeal with the PTAB on November 1, 2023, positioning Pharmacyclics as the respondent in this high-stakes legal showdown.
The Crux of the Matter
The patent under scrutiny, numbered 11,672,803, spotlights the methodology of employing a BTK inhibitor with a specified chemical structure to combat chronic lymphocytic leukemia or small lymphocytic lymphoma.
