In most respects, the widely reported patent complaint recently filed against Gilead is perfectly ordinary. It was filed in the U.S. District Court for the District of Delaware, the most common venue for patent infringement lawsuits, and alleged that a pharmaceutical company’s drug sales infringed the plaintiff’s patents on uses of the sold drug. The defendant’s response has so far been similarly unexceptional: Gilead has filed petitions for Inter Partes Review (IPR) of each asserted patent (see links below), arguing that those patents are invalid over the prior art, either as obvious or as entirely anticipated. What is remarkable about this lawsuit, however, is that the plaintiff is the government of the United States.
Recent Posts
- SAG-AFTRA Says Fortnite’s Use of AI Instead of Actors Is Unfair
- Stewart Clarifies Application of Advanced Bionics, Orders New Briefing in Light of Rescinded Fintiv Memo
- Stewart Issues First Decisions on Discretionary Denial Under Interim Workload Management Process
- Senate IP Subcommittee Talks Legislative Fixes for China’s Threats to American Innovation Leadership
- Another Director Review Request Demonstrates Extent of PTAB Hubris