ViiV Healthcare and Gilead resolve patent litigation

2 February 2022
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UK pharma major GlaxoSmithKline (LSE: GSK) today announced that its majority-owned subsidiary ViiV Healthcare has agreed to settle the global patent infringement litigation with US biotech firm Gilead Sciences (Nasdaq: GILD) concerning ViiV’s patents relating to dolutegravir, an antiretroviral used together with other medicines, to treat human immunodeficiency virus (HIV).

ViiV Healthcare, GSK and minority shareholder Shionogi (TYO: 4507) alleged that Gilead's Biktarvy, a triple combination HIV medicine containing the HIV integrase inhibitor bictegravir, tenofovir alafenamide and emtricitabine, infringed certain of their patents relating to dolutegravir. As a result of the settlement, patent infringement cases in the USA, UK, France, Ireland, Germany, Japan, Korea, Australia, and Canada will be discontinued.

ViiV, GSK, Shionogi and Gilead have entered into a global settlement agreement and a patent license agreement under which Gilead has been granted a worldwide licence to certain ViiV patents relating to dolutegravir and a covenant not to enforce any patents controlled by ViiV, GSK or Shionogi against Gilead in connection with any past or future claims of infringement relating to Biktarvy. The three companies have also agreed not to enforce their patents against any future product containing bictegravir, to the extent that the patent enforcement relates to the bictegravir component of the product.

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