[A2k] PUBPAT Takes On Key HIV/AIDS Drug Patents

[Soenke Zehle]

From: Public Patent Foundation <info@pubpat.org>

PUBPAT TAKES ON KEY HIV/AIDS DRUG PATENTS: Non-Profit Submits Prior Art
to U.S. Patent Office and Asks For Revocation of Four Gilead Sciences
Patents

New York, NY -- March 26, 2007 -- The Public Patent Foundation (PUBPAT)
announced today that it has filed formal requests with the United States
Patent and Trademark Office challenging four key HIV/AIDS drug patents
held by Gilead Sciences, Inc. (NASDAQ: GILD).  As part of its requests,
PUBPAT submitted prior art that the Patent Office did not review before
granting the patents to the Foster City, California, biopharmaceutical
giant.  PUBPAT also explained how the submitted prior art invalidates
the patents and asked that the Patent Office initiate a process to
revoke them.

Roughly 40 million people worldwide are infected with HIV/AIDS,
including more than 1.2 million Americans.  The patents challenged by
PUBPAT, U.S. Patents Nos. 5,922,695, 5,935,946, 5,977,089 and 6,043,230,
relate to the drug known generically as tenofovir disoproxil fumarate
(TDF), a key weapon in the battle against HIV/AIDS.  Gilead markets TDF
in the United States under the brand name Viread and as a part of its
Atripla combination product.

"Every person afflicted with HIV/AIDS has the right to obtain the best
medical treatment available, without any improper obstacles placed in
their way," said the Requests for Reexamination submitted by PUBPAT.
"More specifically, American men, women and children suffering from
HIV/AIDS are entitled to access the best pharmaceutical treatments
available without undeserved patents making those treatments either too
expensive or too limited in supply."

The U.S. Food and Drug Administration will not allow anyone other than
Gilead distribute TDF in the United States because Gilead claims the
four challenged patents give them the exclusive right to do so.  Gilead
has applied for similar patents on TDF in other countries throughout the
world, including India, where they have received fierce opposition by
non-profit AIDS patient groups.

"Gilead is using the four patents our requests show are invalid to
prevent anyone else from offering TDF to HIV/AIDS patients in the United
States," said Dan Ravicher, PUBPAT's Executive Director.  "Since the
patents are undeserved, they are unjustified barriers preventing
American HIV/AIDS patients from getting the medical treatment that they
need and deserve."

The Requests for Reexamination filed by PUBPAT against the Gilead
Sciences TDF patents can be found at
http://www.pubpat.org/gileadhivaidsdrug.htm.

Contact:

Daniel Ravicher, Executive Director
Public Patent Foundation
(212) 796-0570
info@pubpat.org
http://www.pubpat.org

About the Public Patent Foundation

The Public Patent Foundation ("PUBPAT") is a not-for-profit legal
services organization working to protect the public from the harms
caused by the patent system, particularly the harms caused by undeserved
patents and unsound patent policy.  PUBPAT provides the general public
and those specific persons or businesses otherwise deprived of access to
the system governing patents, with representation, advocacy, and
education.  To be kept informed of PUBPAT News, subscribe to the PUBPAT
News List by either sending an email with "subscribe" in the subject
line to news-request@pubpat.org or by visiting http://www.pubpat.org.

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