Idenix seen as unlikely to prevail against Gilead in HCV patent interference

more+
less-

Idenix Pharmaceuticals (NASDAQ:IDIX) faces an uphill battle to sufficiently demonstrate enablement in its ongoing patent interference against Gilead Sciences (NASDAQ:GILD) regarding their respective hepatitis C (HCV) intellectual property, attorneys said. Idenix is ultimately unlikely to prevail on the interference, they noted.

On 22 March 2013, Idenix announced the United States Patent and Trademark Office Patent Trial and Appeal Board (USPTO) issued a decision in the first phase of ongoing interference concerning Idenix’s patent applications (U.S. Patent Application 12/131,868) and an issued Gilead patent (U.S. Patent 7,429,572) that covers certain 2'-methyl- 2'-fluoro nucleoside compounds useful in the treatment of HCV. Idenix was determined to have a later application filing than Gilead, thus designating the former as the “junior party” and the latter as the “senior party.”

The second phase of the interference is expected to commence in 2Q13 and will determine which party was first to invent. The party who is deemed first to invent ultimately prevails in the interference.

“The decision from the Board of Patent Appeals and Interferences validates Gilead’s perspective that we were the first to invent the compounds involved in the interference, as described in the ‘572 patent,” a Gilead spokesperson commented. Idenix declined to comment.

This BioPharm Insight article, published on April 4, 2013, features Snell & Wilmer Attorney Bill Mulholland.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Snell & Wilmer | Attorney Advertising

Written by:

more+
less-

Snell & Wilmer on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×