PTO declares patent interference between Idenix, Gilead
The U.S. Patent and Trademark Office declared a patent interference between a patent application from Idenix Pharmaceuticals Inc. (NASDAQ:IDIX) and U.S. Patent No. 7,429,572, owned by Gilead Sciences Inc. (NASDAQ:GILD). Both patents cover the use of nucleoside compounds to treat HCV infection. The PTO is seeking to determine which company is entitled to patent protection, as both claim rights to the same nucleoside formula. The PTO said Gilead has the burden of proof to show that it invented the technology before Idenix. Each party must submit proposed motions for consideration, as well as any relief requested, by March 28.
Idenix said its patent application does not cover its Phase IIb HCV therapy -- IDX184 -- or any other product in its pipeline. Gilead said its patent covers the active drug formed within the body after a patient is administered GS-7977, which is in Phase III testing for HCV. The composition of GS-7977 itself is protected by U.S. Patent No. 7,964,580. GS-7977 is a single isomer form of PSI-7851, a nucleotide analog HCV NS5B polymerase inhibitor. Gilead gained GS-7977 and related patents through its acquisition of Pharmasset Inc.. IDX184 is a liver targeted prodrug of 2'-methyl guanosine monophosphate. ...