West Virginia Record

Monday, February 24, 2020

Mylan taken to court over HIV drug patents

By Melody Dareing | Jul 1, 2014


CLARKSBURG – A leading Southern medical institution is suing a pharmaceutical company in a patent battle.

Gilead Sciences Inc. of Delaware and Emory University filed a lawsuit June 9 in the United States District Court for the Northern District of West Virginia against Mylan Inc. and Mylan Pharmaceuticals Inc. of West Virginia, citing patent infringement.

The lawsuit states Mylan developed a group of drugs designed to fight HIV and two of those patents were assigned to Emory. The complaint states Emory and Gilead had an agreement, and Gilead had substantial rights in the two patents with rights associated to being a licensee.

Mylan submitted a new drug application to the Food and Drug Administration seeking approval to commercially manufacture, use, sale and import tablets for treating HIV, the complaint states. Mylan alleges certain patents are invalid and the new venture would not infringe on those, the complaint states.

Gilead and Emory are seeking the court to declare and effectively delay Mylan’s application and that the date doesn’t invalidate the exclusivity of Emory and Gilead, a judgment the patents remain valid and enforceable, permanent injunctions against infringements, damages for any acts committed by Mylan that were in violation and court costs.

Gilead and Emory are represented by Richard Gallagher of Robinson & McElwee P.L.L.C. of Clarksburg.

United States District Court for the Northern District of West Virginia Case No. 1:24-CV-00099-IMK

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