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BeiGene Patent Battle: Uncertainty In The Oncology Market (NASDAQ:BGNE)

by Index Investing News
June 15, 2023
in Stocks
Reading Time: 5 mins read
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Zeferli

Introduction

BeiGene (NASDAQ:BGNE) is a pioneering global biotech company, committed to advancing innovative and affordable oncology treatments. With three in-house developed medicines – Brukinsa, tislelizumab, and pamiparib, the company has obtained market approvals in several countries, including the US, China, and EU. Beyond developing its own drugs, BeiGene has leveraged its commercial capabilities to distribute 13 approved medicines in China. The company’s robust clinical development capabilities, with a 2,700-strong global team, are conducting over 80 clinical trials involving more than 18,000 subjects. Additionally, BeiGene is building its internal manufacturing capabilities through modern facilities in China and New Jersey, supplementing its collaborations with high-quality contract manufacturers.

Recent developments: BeiGene’s stock fell roughly 10% pre-market today following a lawsuit from AbbVie (ABBV), alleging that BeiGene’s blood cancer therapy Brukinsa infringes on AbbVie’s newly issued patent for its similar drug, Imbruvica.

At writing, BeiGene’s stock has made up for most of the pre-market losses.

BeiGene Q1 2023 Financials

BeiGene’s Q1 2023 financial results showcased a significant revenue growth, reaching $447.8 million, up from $306.6 million in Q1 2022. A notable contributor to this increase was the product revenue, which rose to $410.3 million, with global sales of Brukinsa contributing $211.4 million, a surge from the previous year’s $104.3 million. Despite an increase in operating expenses, a higher gross margin (80.1%) and a decrease in net loss from $435.2 million to $348.4 million highlighted a positive financial outlook. As of March 31, 2023, the company had cash and cash equivalents totaling $3.8 billion.

BeiGene exhibits an interesting investment profile. Per Seeking Alpha, the company’s valuation is high, with a Price/Book ratio of 5.21 and an Enterprise Value to Sales ratio of 12.12, but P/E ratios are not measurable as earnings are not currently positive. The company is demonstrating robust growth, with a YoY revenue growth of 77.54% and a three-year CAGR of 56.99%. Nevertheless, profitability is a concern with negative margins across the board: Gross Profit Margin at -26.02%, EBIT Margin at -110.36%, and Net Income Margin at -123.12%. The firm’s negative Return on Equity (-38.18%) and Return on Assets (-15.37%) further illustrate these challenges. However, stock momentum remains strong. Despite a 10.03% drop over the past 3 months, the stock has gained 57.65% YoY, significantly outperforming the S&P 500’s 17.06% increase over the same period. Lastly, BeiGene has a strong balance sheet with a market cap of $21.79 billion and $3.87 billion in cash versus $545.19 million in total debt.

Pharmaceutical Giants Clash in Lawsuit Over Blood Cancer Drugs: Imbruvica vs. Brukinsa

Pharmaceutical giant AbbVie has initiated a patent infringement lawsuit against BeiGene, targeting the latter’s blood cancer drug Brukinsa. This legal move contends that Brukinsa violates a newly issued patent pertaining to AbbVie’s own blood cancer drug Imbruvica. The patent, U.S. No. 11,672,803, protects the chemical structure of a Bruton’s tyrosine kinase [BTK] inhibitor used in treating chronic lymphocytic leukemia (CLL) or small lymphocytic lymphoma (SLL). Notably, both Imbruvica and Brukinsa fall into this category of inhibitors. BeiGene, on its part, has firmly denied these allegations and maintains that its work is distinct and original.

Looking into this scenario, patent disputes are an enduring theme in the pharmaceutical sector, often taking center stage when competing drugs share therapeutic niches. The legal wrangle between AbbVie and BeiGene can be seen as an escalation of their rivalry, particularly after Brukinsa demonstrated superior efficacy and fewer cardiovascular side effects than Imbruvica in recent clinical trials.

The current circumstances echo the 2016 patent clash between Merck & Co (MRK) and Gilead Sciences (GILD) over hepatitis C medications Sovaldi and Harvoni. These were transformative drugs from Gilead Sciences that provided unprecedented cure rates and minimal side effects, outperforming older treatments.

Merck, partnered with Ionis Pharmaceuticals, argued that these drugs violated its patent (U.S. Patent No. 7,105,499) for a specific set of compounds to treat hepatitis C. Winning could have led to billions in compensation, given the substantial global sales of Sovaldi and Harvoni.

In March 2016, a jury awarded Merck $200 million, far less than the desired amount but still notable. Gilead countered that the patent lacked specificity and detail, making it invalid.

Unexpectedly, in June 2016, the judge ruled in favor of Gilead, stating that Merck had behaved unethically during negotiations with Pharmasset, Gilead’s acquired company for the hepatitis C compounds. This “unclean hands” ruling prevented Merck from profiting from its conduct.

This case serves as a stark reminder that patent litigation is a complex and high-stakes process in the pharmaceutical industry, which goes beyond the scope of scientific and clinical aspects, extending into legal and ethical arenas. The outcome of the Merck-Gilead dispute underscored that successful navigation of patent disputes requires not only a strong scientific basis but also ethical business practices. It also demonstrated the lengths to which companies will go to protect their high-revenue drugs, and the dynamism of the competitive landscape within the pharmaceutical industry.

For investors in BeiGene, close attention to this unfolding lawsuit is paramount. A win for AbbVie could impose significant financial penalties and potentially affect BeiGene’s market standing and future collaborations. However, it’s crucial to note that Brukinsa has achieved superior results in trials, thereby potentially setting a strong defense. This circumstance underscores the complex intertwining of patent rights with clinical efficacy, raising fundamental questions about competition and innovation within the pharmaceutical industry.

Further, with AbbVie’s sales figures for Imbruvica showing a downward trend, this lawsuit may be part of a broader strategy to mitigate losses and regain market share. If BeiGene can successfully navigate this lawsuit, it could solidify its position in the market and reinforce Brukinsa’s profile as a leading CLL/SLL treatment.

BGNE Stock – My Analysis & Recommendation

In conclusion, the strategic profile of BeiGene is laden with both opportunities and challenges. The company has displayed strong momentum, with impressive revenue growth rates and robust sales of its flagship drug, Brukinsa. Its financial health is underscored by a strong balance sheet, with a substantial cash reserve and manageable debt levels. However, the cloud of uncertainty emanating from AbbVie’s patent infringement lawsuit presents a significant risk. This lawsuit could impact BeiGene’s operations and its capacity to capitalize on the potential of Brukinsa, a drug that has exhibited superior efficacy in trials.

Drawing parallels from the Merck-Gilead lawsuit provides insight into the complex and often unpredictable nature of patent litigation in the pharmaceutical industry. While it is critical to watch the progression of this case, it is equally important to remember that the success of such disputes depends not only on the scientific grounds but also on ethical business conduct, as demonstrated by the Merck-Gilead case.

Despite current profitability concerns, the high gross margin indicates a potential path towards profitability as BeiGene scales its operations. It’s also notable that BeiGene has a diversified portfolio of drugs and a rich pipeline in addition to Brukinsa, which may help mitigate risks. The company’s strong global presence, robust R&D capabilities, and expanding manufacturing footprint are indicative of its resilience and strategic depth.

Given these factors, the current recommendation would be to “Hold” BeiGene’s stock for now. Investors should carefully monitor the lawsuit developments and look for signs of improving profitability in upcoming quarters. If BeiGene can successfully navigate this legal challenge and continue its revenue growth trajectory, the stock could present a compelling growth opportunity. However, until clarity emerges on these fronts, caution is warranted. Therefore, maintaining the current position seems the most prudent course for existing shareholders. For potential investors, it would be advisable to await further clarity on the lawsuit and profitability trajectory before making an investment decision.



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