Russian biotech wins case against Genentech in patent dispute

The claim on Rituxan/MabThera (rituximab) intellectual property (IP) by Genentech, the biotech subsidiary of Swiss pharma giant Roche (ROG: SIX), has been dissolved by Russia’s Biocad.

The US patent on rituximab was issued in 1998 and will expire in 2015. However, the IP landscape in other countries differs, which provides opportunities for non-US companies to launch rituximab biosimilars, as Biocad did in 2014 (The Pharma Letter May 7, 2014). Roche lost up to 90% sales in hemato-oncology indications during the first year of the biosimilar sales in Russia.

Genentech additionally patented the method of using the innovator medicine. Earlier this year, the USA-based firm demanded a ban on the manufacture, offer for sale, sale and other introduction into civil circulation and storage of a biosimilar of this drug. Besides, Genentech sought exemption from civil circulation and destruction of the drug batch that had already been on sale. The statement of claim was submitted to the Moscow Arbitration Court on February 25, 2015. Despite Genentech’s expectations, the court dismissed the claim.