Gilead and Emory patent suit against Hetero dismissed

Gilead Sciences and Emory University’s patent infringement claims against Indian pharma company Hetero Drugs have been dismissed.

The US District Court for the District of New Jersey dismissed the case on August 26.

The case arose after it was claimed that Hetero had infringed four patents surrounding the HIV treatment Truvada (emtricitabine and tenofovir disoproxil fumarate), after it sought approval of an Abbreviated New Drug Application (ANDA) from the Food and Drug Administration.

The four patents involved were US patent numbers 6,642,245; 6,703,396; 8,592,397; and 8,716,264. Emory is the owner of the first two patents and Gilead the licensee. Gilead has been assigned ownership of the second two patents.

It was further ordered that each party should pay its own expenses and attorneys’ fees.

Hetero had intended to produce and sell a generic version of Truvada if its ANDA was approved.

Gilead’s Truvada, which is used to reduce the risk of acquiring HIV-1 infection, has recently been approved by the European Commission.