Bristol-Myers Squibb —
Eliquis
Patent term extension · reference patent expiry
The proceedings concerned the continued validity of an Israeli patent term extension for apixaban after the corresponding UK reference patent and its extension ceased to provide the relevant protection.
How should section 64I(3) operate when a reference patent extension is later cancelled abroad?
The dispute focused on whether cancellation of the UK reference patent extension caused the Israeli extension order to expire, notwithstanding the continued existence of extension orders in other recognized jurisdictions.
The District Court examined the statutory structure governing pharmaceutical patent term extensions and rejected the argument that the legal character of the UK cancellation prevented the Israeli order from expiring.
The appeal was dismissed.
On 11 May 2026, the Jerusalem District Court dismissed Bristol-Myers Squibb’s appeal and left standing the conclusion that the Israeli extension order had expired. An application for leave to appeal is pending before the Supreme Court.