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5 May 2020Asia-Pacific

Setback for Gilead in GSK HIV antiviral suit

An Australian federal judge has thrown out a challenge by  Gilead Sciences to the wording of infringement claims made by a  GlaxoSmithKline (GSK) subsidiary.

GSK’s HIV specialist,  ViiV Healthcare, sued Gilead over its drug Biktarvy, which it said infringes one of ViiV’s Australian patents.

As  ordered by the judge at the Federal Court of Australia, ViiV submitted a position statement on infringement, outlining its claims against Gilead.

The claims centre on bictegravir, an antiviral compound containing emtricitabine and tenofovir alafenamide. ViiV claims the compound is covered by its patent.

The compound is at the centre of an international legal battle between the two companies, with ViiV having filed separate infringement claims in the US and Canada in December.

In the Australian case, Gilead challenged ViiV’s position statement on the grounds that it was not sufficiently clear.

In a decision issued yesterday, May 4, judge Jonathan Beach at the Federal Court dismissed Gilead’s objections, ruling that they were matters that should be decided at trial.

“All of these justifications and counter-justifications for the competing positions are matters for me to consider at trial in construing the specification as seen through the lens of a person skilled in the art. They are not matters for the present,” Beach wrote.

Gilead is also facing infringement claims over Biktarvy in Ireland, where one of the two main manufacturing plants for the drug is located.

Announcing the global litigation in December, ViiV said it was suing to ensure it could make a return on its investment in HIV antivirals.

“It is this cycle which continues to result in the development of new and much-needed treatments for people living with HIV. ViiV Healthcare will therefore seek financial redress for patent infringement,” a statement from the company said.

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