Patent war: Pfizer and AstraZeneca clash over cancer drug

The global market for oncology drugs is booming, reflecting growing demand due to the alarming increase in cancer cases across the globe. This dynamic is attracting not only massive investment but also tensions between pharmaceutical giants, as evidenced by the recent dispute between Pfizer and AstraZeneca.

A rapidly expanding market

In 2022, the global pharmaceutical market reached a turnover of $1.482 trillion, returning to its pre-COVID-19 crisis momentum. According to IQVIA estimates, this market is expected to exceed pre-pandemic forecasts and reach $1.9 trillion by 2027. Oncology drugs account for a significant share of this market, with flagship products generating billions of dollars in annual revenue. For example, Celgene's Revlimid led global sales in 2020.

The alarming increase in cancer cases

The number of cancer patients continues to rise, affecting industrialised countries as well as developing and emerging countries. This trend can be explained by various factors, including an ageing population, changing lifestyles and improved detection of cases. This significant increase is fuelling demand for cancer treatments, thereby stimulating very strong growth in the market for cancer drugs.

A competitive sector prone to counterfeiting

The strong growth of the oncology drug market has intensified competition between pharmaceutical companies. This fierce competition sometimes leads to legal disputes over intellectual property, as demonstrated by the recent lawsuit between Pfizer and AstraZeneca. Furthermore, the high value of these drugs makes them prime targets for counterfeiting, posing major risks to public health.

The dispute between Pfizer and AstraZeneca

In 2021, Pfizer, through its subsidiary Wyeth, filed a lawsuit against AstraZeneca, alleging that Tagrisso, AstraZeneca's flagship lung cancer drug, infringed on two of its patents related to cancer treatment methods. These patents were originally licensed to Puma Biotechnology for the manufacture of Nerlynx (Neratinib), a breast cancer drug.

In May 2024, a federal jury in Delaware ruled in favour of Pfizer, awarding £75 million in damages, finding that Tagrisso infringed Pfizer's patents. However, in August 2024, District Judge Matthew Kennelly overturned the verdict, ruling the patents invalid due to insufficient description and lack of reproducibility by an ordinary scientist.

Consequences for the pharmaceutical industry

This dispute highlights the complex challenges associated with protecting intellectual property in the pharmaceutical sector. Companies invest huge sums in research and development to innovate and offer new treatments. Patent protection is essential to ensure a return on investment and encourage innovation. However, disputes such as the one between Pfizer and AstraZeneca underscore the need for greater clarity and precision in the drafting and enforcement of patents.

The oncology drug market is at a crossroads between growing demand, fierce competition and complex intellectual property issues. Pharmaceutical companies must navigate this environment skilfully to ensure their success while guaranteeing patients access to safe and effective treatments.

Source: Procès Pfizer – AstraZeneca : contrefaçon de brevets d’un médicament anticancéreux