A Delaware district court judge has denied a motion from Gilead Sciences (GILD +3.4%) that HIV triple combo pill Biktarvy (bictegravir, emtricitabine, tenofovir alafenamide) does not infringe on a ViiV Healthcare patent covering rival HIV med Tivicay (dolutegravir).
Judge Colm Connolly said,”It is not clear from the claims or written description of the patent that a difluoro benzyl ring necessarily excludes a trifluoro benzyl ring.”
The case will continue with a seven-day jury trial set to begin on Monday, September 21.
ViiV sued Gilead in February 2018 claiming that Biktarvy’s integrase inhibitor bictegravir infringes its patent covering integrase strand transfer inhibitor dolutegravir and other compounds that include dolutegravir’s unique chemical scaffold.
ViiV Healthcare is the HIV-focused joint venture between GlaxoSmithKline (GSK +2.2%), Pfizer (PFE -0.2%) and Shionogi (OTCPK:SGIOY -2.0%).
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