Brazil Soliris patent clarification

Recent media reports have incorrectly stated that the Brazilian Superior Court of Justice has granted a compulsory license of rare blood disorder drug Soliris (eculizumab) said Alexion Pharmaceuticals (Nasdaq: ALXN). The drug’s maker issued a statement noting that it wanted to clarify that no compulsory license of Soliris was requested or granted in Brazil.

The recent decision by the court refers to a different legal matter with the Brazilian Patent Office related to a Soliris mailbox patent that expired in 2015. Alexion is evaluating the full decision by the court in this patent case before exploring the options to respond. Alexion continues to have patent applications pending in Brazil that would provide additional protection to Soliris. Brazil represents a low single digit percentage of Alexion’s worldwide sales. This patent matter has no implications for intellectual property outside of Brazil. Solaris generated global sales of $3.14 billion in 2017.

Geoffrey Porges, an analysts at Leering Research, noted ahead of the Alexion announcement that the company’s share were abruptly trading down Friday afternoon after Bloomberg reported that the Brazilian Attorney General will allow for production of generic versions of Soliris.