Teva Delaying Sales of Gilead HIV Generics Pending Court Ruling

Teva Pharmaceuticals USA has agreed to delay sales of generic versions of two Gilead Sciences HIV drugs until June 1, 2013, pending a favorable court decision in the long-running patent suit.

The case, Gilead Sciences, Inc. v. Teva Pharmaceuticals USA, et al., is set for trial Feb. 20, 2013, in the U.S. District Court for the Southern District of New York. Teva may launch copycats of Truvada (emtricitabine/tenofovir disoproxil fumarate) and Viread (tenofovir disoproxil fumarate) June 1 if there is no ruling holding that the patents-in-suit are invalid or unenforceable, according to an agreement between the two drugmakers that was filed Tuesday.

Gilead sued Teva in 2008 for infringing on two patents covering the HIV treatment Truvada. Teva maintains the drug’s ’245 and ’396 patents, owned by Emory University and licensed solely to Gilead, are invalid due to obviousness-type double patenting.

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