Gilead, Idenix deal

The U.S. Patent Trial and Appeals Board (PTAB) of the U.S. Patent and Trademark Office (PTO) said Idenix now has the burden of proof in an ongoing patent dispute with Gilead over a class of nucleoside compounds to treat HCV infection. Idenix now has the burden to show that it invented the technology before Gilead. PTAB will award patent protection to the company it finds has invented the technology first. Idenix said the process to determine who was first to invent is expected to start this quarter. Each party may request oral arguments by Oct. 11, which will be held Dec. 19, if granted.

PTAB's decision overturns a decision last year, which found that Gilead had the burden of proof in the dispute with Idenix. Last year, the PTO declared interference between the patent and application because both claim rights to the same class of nucleoside compounds for use in treating HCV infection (see BioCentury, March 12, 2012). ...