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Gilead mulls patent fight with Teva

San Francisco Business Times - by Steven E.F. Brown

Gilead Sciences Inc. will study an application made by rival Teva Pharmaceuticals to the FDA for a generic version of the HIV drug Truvada, and decide within 45 days whether to file a patent suit.

Foster City-based Gilead (NASDAQ: GILD) markets Truvada, which is a combination of tenofovir and emtricitabine in one tablet. The Food and Drug Administration approved it in 2004.

Teva (NASDAQ: TEVA), based in Petah Tikva, Israel, says in its application to the FDA that it’s not violating two Gilead patents related to Truvada. The patents, from Emory University, are licensed to Gilead.

Gilead has 45 days to start patent infringement litigation if it decides to do so. The company says 10 patents in all protect Truvada, and that they’d all have to be invalid before any generic form of the drug could be put on the market.


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