Source: LSIPR

The recent Korean Supreme Court ruling in the SK bioscience v Pfizer case illustrates the tensions and challenges facing biotech companies in intellectual property matters. In 2020, Pfizer had filed a complaint alleging that SK bioscience infringed its composition patent related to the Prevnar 13 vaccine by exporting individual conjugate substances and finished products for research to Russia. However, the court ruled that the individual conjugates are not within the scope of Pfizer’s patent claims, reaffirming the lower court decision that favoured SK bioscience.

In this sense, the recent ruling allows SK bioscience to plan a new commercial strategy in the pneumococcal vaccine market. For although the company has been prevented from manufacturing and marketing its vaccine, SKYPneumo, in Korea until 2027 due to patent restrictions, the recent ruling allows SK bioscience to begin exporting individual PCV13 components to countries with high demand for vaccines, including nations in Southeast Asia and Latin America. 

Notably, the expansion of the pneumococcal vaccine market is a phenomenon that is expected to grow at a compounded rate of 5.6% to reach $15.1 billion by 2034, according to Global Market Insights. This growth is driven by expanded vaccination programmes and support from governments and international organisations such as WHO and Gavi. SK bioscience, with its strong track record in vaccine supply and collaboration with global health agencies, is favourably positioned to take advantage of this trend.

In addition to the dispute with Pfizer, SK bioscience has achieved a major victory in a patent invalidation case against Moderna, successfully challenging a patent related to messenger RNA vaccine technology. This victory reduces patent-related risks and facilitates the development of new treatments in the biotechnology field.

The statement by SK bioscience CEO Jaeyong Ahn underlines the importance of this ruling, which ensures that a vaccine developed competitively in Korea does not go to waste, but finds new opportunities. This proactive approach will not only improve access to quality vaccines, but will also contribute to a more stable global vaccine supply and sustainable growth in the sector.