The unit of South Korea's Samsung Group [SAGR.UL], along with
partner and minority shareholder Biogen, filed suit in Britain on
March 24 against AbbVie Inc, maker of rheumatoid arthritis drug
Humira, which generated sales of $14 billion last year.
It is the company's first suit against a drug originator.
Interest in biosimilars - lower-cost copies of complex biotech drugs
- has soared in recent years as copies of some of the world's
best-selling prescription medicines have hit the market.
Unlike generic versions of simple chemical medicines, biotech drugs
are made from living cells, so it is impossible to manufacture exact
copies.
The IMS Institute for Healthcare Informatics says biosimilars could
save healthcare systems in the United States and Europe's top five
markets as much as 98 billion euros ($111 billion) by 2020.
The South Korean conglomerate is hoping for big things from the unit
- including a revenue target of 1 trillion won ($872 million) by
2020 - amid sagging profits at its electronics business, Samsung
Electronics Co Ltd, the world's biggest maker of smartphones and
televisions.
Success in the endeavor is seen as key for de facto Samsung Group
leader Jay Y. Lee, 47, to prove himself as steward of the family-run
smartphones-to-insurance empire. His father, group patriarch Lee
Kun-hee, has been hospitalized since a 2014 heart attack.
PUSHBACK
The composition patent for Humira loses its exclusivity in the
United States in December 2016, and in Europe in October 2018, but
Illinois-based AbbVie, which earned 61 percent of its 2015 net
revenue from Humira, has been filing new patents in a bid to push
back sales of biosimilars.
In addition to Samsung Bioepis and Biogen, more than a dozen firms
have challenged AbbVie’s strategy through patent authorities or the
courts.
"We believe that AbbVie has been attempting to obstruct market entry
of competing products by applying for a large number of overlapping
patents around Humira, which could affect patient access to
affordable medication," Samsung Bioepis told Reuters.
"We believe competition should take place in the market, and not
through such misuse of the patent system," it added.
AbbVie told Reuters it was aware of the lawsuit filed by Samsung
Bioepis and Biogen.
“As we have said, we intend to defend our intellectual property,” it
said.
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Samsung Bioepis, which brought its first drug to market late last
year, has a pipeline of 13 biosimilars, versions of existing drugs
with similar efficacy at much lower prices, and is initially
focusing on six of them to get out in front of the market.
The Samsung Group has a track record of moving fast. Late to enter
the smartphone market, Samsung Electronics quickly rose to become
the industry leader. The group is also one of the world's most
active patent filers and has over the years tried to move beyond its
image as a "fast follower".
"The first drug to hit the market takes the most market share, so
this is the right strategy to go with," said Kang Yang-ku, analyst
at HMC Investment & Securities.
There are potentially rich pickings for early movers; more than 10
blockbuster biological drugs with combined yearly sales of $60
billion are on track to see their U.S. and European patents expire
over the next four years, according to Allied Market Research.
Biosimilars are a source of consternation for investors in firms
such as AbbVie, however, as the cheaper copies threaten to undercut
profits for the original drug makers.
In December Bioepis began selling a biosimilar of Amgen's arthritis
drug Enbrel in South Korea, and the drug has since launched in some
European markets including Germany and Britain early this year. The
European Medicines Agency on Friday also recommended the Bioepis
copy of another blockbuster drug Remicade for approval in Europe.
Samsung Bioepis is 91 percent-owned by Samsung Biologics, which
manufactures biological drugs and is in turn mostly owned by Samsung
C&T Corp and Samsung Electronics.
($1 = 1,144.1900 won) ($1 = 0.8839 euros)
(Editing by Tony Munroe and Will Waterman)
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