ViiV Healthcare Initiates Patent Infringement Lawsuits Against Gilead Sciences Over Bictegravir in US and Canada

ViiV Healthcare, a global specialist HIV company majority-owned by GlaxoSmithKline (GSK) with Pfizer Inc. and Shionogi Limited as shareholders, has initiated patent infringement litigation against Gilead Sciences Inc. The legal actions target Gilead’s HIV treatment containing the integrase inhibitor bictegravir and have been filed in both the United States and Canada.

In the United States, ViiV Healthcare filed its case in the U.S. District Court for the District of Delaware. The litigation centers on U.S. Patent No. 8,129,385, which covers ViiV’s dolutegravir and a range of compounds incorporating dolutegravir’s distinctive chemical scaffold.

Simultaneously, ViiV Healthcare commenced proceedings in Canada’s Federal Court in Toronto, invoking Canadian Patent No. 2,606,282. The Canadian lawsuit similarly alleges that Gilead’s triple combination HIV drug infringes on ViiV’s patent rights.

ViiV Healthcare contends that Gilead’s bictegravir-containing medication unlawfully utilizes intellectual property protected by ViiV’s patents. The company emphasizes the importance of intellectual property protections in the life sciences sector, noting that such protections enable companies to recoup investments and reinvest in research and development.

According to ViiV, this cycle of innovation is essential for the continued development of new and urgently needed treatments for people living with HIV. As such, ViiV Healthcare is pursuing financial redress for the alleged patent infringement.

The litigation underscores the competitive dynamics in the HIV treatment market and highlights the strategic role of patent portfolios in safeguarding pharmaceutical innovations.

ViiV Healthcare’s action reflects its commitment to protecting its proprietary technologies and sustaining investment in HIV research, which it views as critical to advancing patient care worldwide.

The outcomes of these cases in the Delaware District Court and Canadian Federal Court will be closely watched by stakeholders in the pharmaceutical and intellectual property communities.