US Government Files Appeal in High-Stakes HIV PrEP Patent Battle Against Gilead | BioSpace

Published: Jul 09, 2024 By Tristan Manalac

Gilead Sciences

Pictured: Sign at Gilead’s corprate headquarters in Silicon Valley/iStock, Sundry Photography

The Biden administration last week appealed a 2023 jury decision , which found that Gilead did not infringe on key government patents in its HIV prevention regimen consisting of the drugs Truvada (emtricitabine/tenofovir disoproxil fumarate) and Descovy (emtricitabine/tenofovir alafenamide).

In May 2023, a Delaware jury overwhelmingly took Gilead’s side, noting that the U.S. government did not have enough evidence to establish that using the HIV drugs violated three key patents.

The jury also unanimously agreed with the pharma that these patents were invalid in the first place, in part because the technologies they protect were obvious to professionals knowledgeable in the space.

In March 2024, a Delaware court gave the government some breathing room when…
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