UK Denies Pfizer’s Bid To Clear Path For Biosimilar Bevacizumab

Pfizer cannot get a UK Arrow declaration clearing it of infringement of pending bevacizumab patent applications through the biosimilar it plans to import from Belgium because Roche has already de-designated the UK parts of the applications.  

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Pfizer has failed to get an Arrow declaration from a UK court against patents sought by Roche for its Avastin bevacizumab brand • Source: Shutterstock

Pfizer has failed to clear the path for launching its Zirabev bevacizumab biosimilar in the UK once a six-month pediatric extension to a supplementary protection certificate based on the basic molecule patent protecting Roche’s Avastin cancer treatment expires in June next year. While the Arrow declaration sought by Pfizer – that certain acts would have been obvious in light of the state of the art at a particular date, thus precluding infringement – would “be of real commercial value to Pfizer”, UK Patents Court Judge Mr Justice Birss found that there was “no evidence of uncertainty about UK patent rights” to justify such a declaration.

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