Bristol-Myers Squibb wins patent case on Eliquis® (apixaban) in the Patent and Market Court
On 2 November 2022 the Patent and Market Court handed down its judgment concerning Bristol‑Myers Squibb’s, BMS, patent and supplementary protection certificate protecting apixaban – the active pharmaceutical ingredient in the anticoagulant Eliquis®.
In June 2021 Teva Sweden AB, Teva, filed an invalidity action with the Patent and Market Court requesting the patent and supplementary protection certificate protecting apixaban to be revoked. Teva alleged that the patent was invalid due to lack of novelty (which was a question of the right to claim priority), inventive step, lack of support in the application as filed and insufficiency of disclosure.
BMS was successful in defending the patent and supplementary protection certificate against Teva’s invalidity contentions. On 2 November 2022 the Patent and Market Court rejected Teva’s action and awarded BMS compensation for litigation costs. Teva has appealed the decision to the Patent and Market Court of Appeal.
Eliquis® is a successful drug which has helped millions of people and received numerous awards.
Mannheimer Swartling represented BMS.