Gilead Sciences

News & Analysis as of

University of Minnesota Sues Gilead Sciences for Infringement of Hepatitis C Patents

On August 29, 2016, the Regents of the University of Minnesota (“the University”) filed suit against Gilead Sciences (“Gilead”) for patent infringement in the District Court for the District of Minnesota. According to the...more

Drug Companies and Charitable Patient Foundations

Charitable organizations can easily become enmeshed in Justice Department enforcement issues. We have seen charities used in FCPA cases as a means to funnel bribes to government officials, spouses or family members....more

Court Report - July 2016 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Genzyme Corp. et al. v. Zydus Pharmaceuticals (USA) Inc. 1:16-cv-00540; filed June 29, 2016 in the District Court of...more

Are Drug Prices Really Too High?

Those working in the pharmaceutical space are used to hearing complaints about the high costs of drugs, and patents often are blamed for allowing pharmaceutical companies to charge “too much” for their products. But are drug...more

As drug prices skyrocket, senators rip an ex-Big Pharma CEO

Prescription drug prices continue to soar, prompting hearings on Capitol Hill, and leading a columnist to suggest nifty ways how Big Pharma could better educate consumers about medications, especially since many seniors may...more

Big Pharma Should Take Reporting Adverse Events to FDA More Seriously

The U.S. Food and Drug Administration’s requirement that pharmaceutical companies report dangerous side effects cause by medicines they manufacture is being flouted by a few bad actors. Such violations of the federal law are...more

High-flying drug firms, CEOs take a fall — will price profiteering falter, too?

Although they may have been high-flyers just a few months ago, some big players in Big Pharma have gotten a brutal kind of karmic comeuppance for their craven business strategy of jacking up drug prices to maximize profits,...more

Chapter 93A's Increasing Role in IP Litigation in Massachusetts

Chapter 93A, with its low and vague standards of liability and powerful remedies of multiple damages and attorneys, is playing an increasingly central role in intellectual property disputes in Massachusetts. Please see...more

IP Newsflash - March 2016

DISTRICT COURT CASES - New York Court Invalidates Targeted-Advertising Patents under Alice - A federal judge in the Southern District of New York granted counterclaim-defendant TNS’s motion for summary judgment...more

Patent Term Adjustment Versus Double Patenting

In Magna Electronics, Inc. v. TRW Automotive Holdings Corp., No. 1:12-cv-654; 1:13-cv-324 (Dec. 10, 2015), Judge Maloney of the U.S. District Court for the Western District of Michigan granted TRW’s motion for partial summary...more

Amidst the Raucous Debate in D.C., States Quietly Take Action on Rising Prescription Drug Prices

Rising drug prices and attempts to contain drug costs continue to take center stage at the federal level – particularly in the ramp-up to the 2016 presidential election. In January 2015, a bill was introduced that would...more

Written Description: A License to Hunt or a Wild Goose Chase?

Order Denying Gilead’s Motion for Summary Judgment and Granting Merck’s Motion for Summary Judgment, Gilead Sciences, Inc. v. Merck & Co., Inc. et al., Case No. 5:13-cv-04057 (Judge Beth Freeman) - Gilead sued Merck on...more

Court Report - January 2016 #4

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Purdue Pharma L.P. et al. v. Amneal Pharmaceuticals LLC 1:15-cv-00831; filed September 17, 2015 in the District Court of...more

Court Denies Motion to Compel Under Newly Amended FRCP 26(b)(1) (California)

Gilead Sciences v. Merck, 2016 WL 146574 (N.D. Cal. Jan. 13, 2016) - In this patent infringement case, the defendant sought additional discovery on the contents of certain “tubes of compounds” that the plaintiff’s...more

An Increased Emphasis on “Proportional Discovery”

Magistrate Judge Grewal has denied a motion to compel discovery because the requests were “disproportionate,” alluding to the requirement in newly amended Rule 26(b)(1), F.R.Civ.P., that the discovery sought should be...more

Court Report - December 2015 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Warner Chilcott (US), LLC et al. v. Teva Pharmaceuticals USA, Inc. et al. - 1:15-cv-00761; filed August 31, 2015 in...more

Claim Construction Opinion Issues

Idenix Pharmaceuticals, Inc., et al. v. Gilead Sciences, Inc., et al., C.A. Nos. 13-1987-LPS; C.A. No. 14-109-LPS; C.A. No. 14-846 - LPS, December 16, 2015. Stark, C. J. Court construes 5 terms from three patents. A...more

Why Industry Drug-Assistance Programs Are a Sham

You probably heard about the recent price hike for a drug critical to AIDS patients when the manufacturer sold it to an evil hedge fund manager who promptly marked it up 5,000%. This prompted Los Angeles Times columnist...more

Five Settle Insider Trading Charges with SEC

The SEC filed a settled insider trading case which names as defendants two attorneys, an accountant and two other individuals. The action is based on information misappropriated from a corporate director by his personal...more

Back to school – the last year in patents: September 2015

The vexed question of how to enforce second medical use patents has dominated the headlines in the last half year. The case of Warner-Lambert v Actavis1 in the English High Court highlighted the serious difficulties...more

Court Report - September 2015

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Senju Pharmaceutical Co. et al. v. Watson Laboratories, Inc. et al. 1:15-cv-05591; filed July 16, 2015 in the District...more

Court Report - August 2015 #4

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Bristol-Myers Squibb Co. et al. v. Merck & Co., Inc. et al. 1:15-cv-00572; filed July 7, 2015 in the District Court of...more

Court Report - August 2015 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company et al. v. Lupin Pharmaceuticals, Inc. et al. 1:15-cv-01047; filed July 6, 2015 in the Southern...more

Rejection of Gilead Patent Raises Issues for Companies Seeking Pharmaceutical Patent Protection in China

Chinese patent prosecution recently made worldwide headlines when the press announced that the Chinese Patent Office (SIPO) rejected a Gilead Sovaldi prodrug patent. Sovaldi (sofosbuvir) is a breakthrough drug used to treat...more

Gilead Sciences, Inc., et al. v. Abbott Laboratories, Inc., et al., C.A. No. 13-2034-GMS, March 13, 2015.

Sleet, J. Defendant’s motion to strike counts 9 and 10 under California’s Anti-SLAPP Stature is granted with prejudice. Defendant’s motion to dismiss counts 9-11 is denied in part and granted in part. Plaintiff’s motion to...more

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