Patent infringement suit dismissed

|By:, SA News Editor

The New York District Court grants Gilead Sciences (GILD +0.4%) and Lupin Ltd's Joint Motion for Order of Dismissal of Gilead's patent infringement suit against Lupin for the tenofovir and disoproxil fumarate patents after Lupin amends its ANDA certifying that it no longer seeks to market generic versions prior to the expiration of the four patents associated with the products in January 2018.

Lupin notified Gilead in 2012 that it had submitted an ANDA seeking marketing approval for generic versions of Truvada (emtricitabine and tenofovir disoproxil fumarate) Viread (tenofovir disproxil fumarate). Lupin alleged that the patents were invalid, unenforceable and would not be infringed by Lupin's versions. Gilead filed a patent infringement lawsuit shortly thereafter.

The dismissal of this lawsuit has no effect on the on-going patent infringement suit pertaining to emtricitabine.