Gilead Sciences, Inc. et al v. Idenix Pharmaceuticals, Inc. et al, 2015 FC 1156
Justice Annis - 2015-11-02
Read full decision. Summary prepared by Alan Macek:
Gilead sought impeachment of Idenix's patent on a nucleoside inhibitor that provides anti-viral activity in sofosbuvir. Idenix counterclaimed for infringement and invalidity of Gilead's patent on sofosbuvir on the basis of anticipation by Idenix's patent. In this 326 page decision, Justice Annis found Idenix's patent invalid for lack of utility [221], demonstrated or soundly predicted [256] and lacking disclosure [413] but not on the basis of overbreadth [776]. The counterclaim was dismissed on the basis that Idenix's patent did not enable anticipation of Gilead's patent [790]. An allegation of a s.53 misrepresentation by Gilead as to naming the proper inventors was also dismissed [877]. The Idenix patent was declared invalid, the counterclaim dismissed and Gilead awarded its costs.
Decision relates to:
- T-1156-12 - GILEAD SCIENCES,INC.ET AL v. IDENIX PHARMACEUTEICALS,INC.ET AL
- A-483-15(2017 FCA 161) - which is an appeal from this decision