Gilead and Abbvie have settled their Hepatitis C patent suits

Litigation between Gilead and Abbvie over Hepatitis C drug patents got a lot of attention in 2014/15 but has disappeared from the headlines since then. The settlement was discreet. Did you even notice? Frankly speaking, I missed it. It has been mentioned on Bloomberg’s Bay State Biotech Report of August 26, 2016:

The settlement is confirmed by Gilead’s Form 10-Q filed on 07 November 2016 with the SEC:

Litigation with AbbVie

AbbVie has obtained U.S. Patent Nos. 8,466,159, 8,492,386, 8,680,106, 8,685,984, and 8,809,265 (the AbbVie Patents) which purport to cover the use of a combination of LDV/SOF (or Harvoni) for the treatment of HCV. We are aware that AbbVie has pending patent applications in the United States and granted and pending applications in other countries. We own granted, published and pending patent applications directed to the use of combinations for the treatment of HCV, and, specifically, to the combination of LDV/SOF. Certain of our applications were filed before the AbbVie Patents. For this reason and others, we believe the AbbVie Patents are invalid.

Since December 2013, several lawsuits were filed in the United States and several foreign jurisdictions, including Canada, Australia, Sweden, Switzerland, Germany and others, by both Gilead and AbbVie regarding the AbbVie Patents. The AbbVie Patents have not blocked or delayed the commercialization of our combination products in the United States or any other country.

In August 2016, we and AbbVie entered into a settlement agreement to resolve the ongoing contested proceedings concerning the AbbVie Patents. Terms of the settlement are confidential.

The parties were engaged in both summary proceedings (S2014_008) and main proceedings (O2014_013) in Switzerland. The terms of the settlement are not public, and the FPC has not published a decision. The court ban for Abbvie’s CH 707 029 and CH 707 030 has been lifted on September 21, 2016.

Reported by Martin WILMING

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