Gilead Sciences and Emory Sue Indian Company Over Patent Infringement

August 19, 2016

Gilead Sciences and Emory University have filed two lawsuits in U.S. District Court for the District of New Jersey against an India-based company over the patent rights to the HIV drug Truvada. One of the suits is related to two of the patents; another is related to all four patents.

According to the lawsuit, Hetero Drugs, Hetero Labs, and Hetero USA notified Gilead and Emory that they had filed an ANDA seeking approval for a similar drug as well as a notice letter to Gilead that their patents would not be infringed. Emory University holds two of the patents involved, which it subsequently licensed to Gilead.

However, Gilead and Emory University say the notice letter does not provide the full and detailed statement of the factual and legal basis for Hetero’s non-infringement and invalidity allegations for any of the four patents.

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