Gilead fails to get patent review on PrEP

6 February 2020

Shares of US biotech major Gilead Sciences (Nasdaq: GILD) on Wednesday fell as much as 4.9% after the company revealed that its request for an inter partes review (IPR) by the US Patent and Trademark Office (USPTO) of patents granted to the US Department of Health and Human Services (HHS) for HIV pre-exposure prophylaxis (PrEP).

The denial of the request for IPR does not mean that the HHS patents are valid; the Patent Trial Appeal Board (PTAB) simply did not find the limited evidence Gilead was permitted to introduce in an IPR was sufficient to justify a full hearing on the merits using its expedited procedure.

Gilead continues to believe all four HHS PrEP patents are invalid and should not have been granted. The decision does not prevent Gilead from proving that the patents are invalid in the Delaware litigation based on the same or additional evidence.

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