Gilead and Teva Reach Agreement Regarding HIV Patent Validity Suit, Avoiding trial

viread

Teva Pharmaceuticals and Gilead Sciences Inc. agreed to settle a patent dispute over Viread, a treatment for HIV infection and chronic Hepatitis B, avoiding a trial that was scheduled to start today. Teva will be permitted to begin sales of a generic version of Viread on Dec. 15, 2017.  “We believe strongly in the validity of our intellectual property,” John Milligan, Gilead’s president, said in the statement yesterday. “This settlement, however, removes some uncertainty and minimizes further distraction.”

Gilead, based in Foster City, California, sued Teva in 2008 and again in 2010, claiming that Teva’s applications to the U.S. Food and Drug Administration to make drugs to treat HIV infections in adults infringed four of its patents. Teva, based in Petach Tikva, Israel, had said in court papers that Gilead’s patents were invalid and therefore couldn’t be infringed.

The trial in New York has been adjourned until the completion of the settlement agreement.

The case: Gilead Sciences v. Teva Pharmaceuticals USA, 10-01796, U.S. District Court, Southern District of New York (Manhattan).

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