Dan O'Day, Gilead CEO (Jim Watson/AFP via Getty Images)

Gilead finds 'crit­i­cal holes' in the gov­ern­men­t's HIV patent case against it

Gilead’s hop­ing for a swift end to its HIV patent bat­tle with HHS, fil­ing for a sum­ma­ry judg­ment on Thurs­day. If the mo­tion is grant­ed in Gilead’s fa­vor, the case would be dis­missed with­out a tri­al.

The US filed suit against Gilead back in 2019, al­leg­ing that the sale of its HIV drugs Tru­va­da and De­scovy for pre-ex­po­sure pro­phy­lax­is (PrEP) in­fringes on gov­ern­ment-owned patents. While Tru­va­da and De­scovy were ini­tial­ly ap­proved for the treat­ment of HIV back in 2004 and 2016, re­spec­tive­ly, they lat­er picked up ap­provals in the pre­ven­ta­tive set­ting.

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