On September 12, 2024, the domestic public began to pay attention to the litigation case brought by AbbVie against Beigene. Abbvie accused Beigene of violating its trade secrets in relation to BTK's chimeric biodegradation-activated compound (CDAC) BGB-16673. Abbvie had filed an infringement lawsuit against Beigene in June last year, claiming that it infringed ibrutinib's patent rights. The lawsuit is more direct than the previous one, with AbbVie claiming that Beigene "induced and encouraged" its scientist to move, resulting in the scientist carrying the relevant patent information for the BTK deactivator.
It is said that the BTK depressant has better efficacy than the mainstream BTK inhibitors currently on the market, and can completely degrade the relevant proteins. Abbvie is developing ABBV-101 in Phase I clinical trials in B-cell malignancies; Beigene's BGB-16673, for the treatment of adult patients with relapsed/refractory chronic lymphocytic leukemia or small lymphocytic lymphoma, has received FDA fast-track status.
Beigene has denied AbbVie's allegations, insisting that BGB-16673 was independently developed and patented years before AbbVie filed its patent application for BTK. Beigene also pointed out that BGB-16673 is currently the most advanced BTK inhibitor in clinical trials, and AbbVie filed the lawsuit in order to impede its development. The dispute stems from an incident involving the flow of talent. Abbvie alleges that Beigene "lured and encouraged" a scientist named Liu to a new job, carrying with him information on AbbVie's development of a BTK-degrading drug.
Dr. Liu worked at AbbVie and its predecessor Abbott Laboratories for more than a decade, from 1997 to 2013, and subsequently continued to work at AbbVie until his retirement in 2019. It is worth noting that Dr. Liu served as a Senior Research Scientist at AbbVie's BTK Degraders Program from September 2018 to September 2019. Abbvie noted that during this time, Dr. Liu had access to the company's trade secrets and confidential research, design, development synthesis, testing, analysis and data related to the BTK deactivator program. In addition, Dr. Liu understands the future direction of AbbVie's BTK deactivator program. Abbvie alleges in its lawsuit that Beigene identified, targeted and recruited Dr. Liu to leave AbbVie and join Beigene's BTK depressant program while he was still employed at AbbVie. Abbvie further noted that Dr. Liu began working for Beigene immediately after his retirement and filed the first of a series of BGB-16673 patent applications six months later. Abbvie believes that the patents filed for BGB-16673 use key information from the trade secret and confidential designs developed by Dr. Liu prior to his departure and are identical in several respects to AbbVie's work. As a result, AbbVie named Dr. Liu as a defendant along with Beigene, accusing Dr. Liu of "stealing trade secrets and confidential information about AbbVie's BTK deactivator and disclosing that information to Beigene and ultimately using that information at Beigene."
However, filing a lawsuit does not mean Beigene necessarily violated AbbVie's trade secrets. Lawyer GUI Xin, a partner in the life sciences legal team of Dehe Heng Tianma, told the Health Bureau: "The case is still in the early stages of litigation, and it is impossible to judge whether Beigene has violated AbbVie's trade secrets before the formal judgment." Since the U.S. launched the China Action Plan in November 2018, a significant percentage of U.S. cases involving trade secrets have involved Chinese companies." Beigene also denied AbbVie's allegations, insisting that the drug candidate was developed independently and that AbbVie's allegations were intended to impede the development of BGB-16673.
This is not the first time AbbVie has taken legal action. On June 15, 2023, AbbVie sued Beigene's Zebutinib, claiming that it infringed Ibutinib's patent. In response, Beigene launched a patent invalidation counterattack. Over the past few years, Zebutinib's strong market performance has steadily eroded AbbVie's market share of ibutinib. In 2023, Zebutinib's global sales will be close to $1.3 billion; In the first half of 2024, Zebutinib's global sales reached $1.126 billion, an increase of 117% year-on-year. By contrast, sales of ibrutinib, which once made up the bulk of AbbVie's revenues, have declined. In the first half of 2024, ibrutinib's global sales were $3.225 billion, down 6% from the same period last year.
Litigation is a common means in business competition. On the one hand, it can be used to protect its own legitimate rights and interests, on the other hand, it may also be used to hinder the business plan of competitors. At its core, this is still a battle for profit. Blood tumor is one of the important areas of drug development of Beigene, the BTK deactivator involved in this time, Beigene and AbbVie are under research and development, AbbVie's product development progress slightly behind Beigene. BTK degraders can induce BTK degradation through ubiquitination and solve the problem of drug resistance of BTK inhibitors, which has great development potential in the future. If the drug development goes smoothly, BGB-16673 will become an important treatment drug for patients with limited options for disease progression after the use of BTK inhibitors, forming complementary advantages with zebutinib, and further consolidating Beigene's position in the field of hematoma. On September 12, 2024, Beigene's A-shares and Hong Kong shares fell by 10% and 5%, respectively.