SK Bioscience secured a victory in its patent dispute with Pfizer over pneumococcal vaccine exports to Russia, according to a South Korean Patent Court ruling on December 3. The court rejected Pfizer’s claim that SK Bioscience violated their 2018 settlement agreement by sending vaccine concentrates for research purposes to a Russian pharmaceutical company.
The ruling overturns a previous court decision that had sided with Pfizer. The dispute stemmed from SK Bioscience’s 2018-2019 shipments of its Sky Pneumo vaccine concentrate, which Pfizer argued could be used to create a finished product, infringing on their patent rights.
Under the 2018 settlement, SK Bioscience had agreed not to manufacture or sell Sky Pneumo in Korea until 2027, following a Supreme Court ruling favoring Pfizer. However, SK Bioscience maintained that the exports were strictly for research and not commercial use.
The case highlights ongoing tensions between global pharmaceutical companies and local manufacturers over patent rights. Similar patents for Pfizer’s 13-valent pneumococcal vaccine have been invalidated in Europe and the United States, citing lack of originality.
South Korea’s Trade Commission is investigating whether Pfizer’s actions constitute unfair trade practices. The dispute has also sparked legislative action, with a new bill proposed to strengthen patent trial procedures for strategic technologies.
