[Ip-health] PUBPAT News: Key HIV/AIDS Drug Patents To Be Reviewed By U.S. Patent Office

[Public Patent Foundation]

KEY HIV/AIDS DRUG PATENTS TO BE REVIEWED BY U.S. PATENT OFFICE: Prior
Art Submitted by PUBPAT Raises Substantial Doubt Regarding Validity of
Gilead Sciences Claims

New York, NY -- July 18, 2007 -- The Public Patent Foundation ("PUBPAT")
announced today that the U.S. Patent & Trademark Office has granted each
of PUBPAT's requests to review four key HIV/AIDS drug patents held by
Gilead Sciences, Inc. (NASDAQ: GILD).  The patents 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.

Roughly 40 million people worldwide are infected with HIV/AIDS,
including more than 1.2 million Americans.  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.

"Every person suffering from HIV/AIDS has a right to get the best
medical treatment science can offer, without any unjustified impediments
placed in their way," said Dan Ravicher, PUBPAT's Executive Director.
"This includes Americans infected with HIV/AIDS, who are entitled to the
best pharmaceuticals possible without undeserved patents making them
exorbitantly expensive."

In its March filings challenging the patents, PUBPAT submitted prior art
that the Patent Office did not review before granting the patents to the
Foster City, California, biopharmaceutical giant.  PUBPAT also described
in detail how the prior art invalidates the patents.  The Patent Office
has now found that PUBPAT's filings indeed raised "substantial
questions" regarding the validity of each of the four Gilead Sciences
patents.  Having granted PUBPAT's requests to review each of the
patents, the Patent Office will now turn to deciding whether they
deserve to exist or not.

"We are very pleased that the Patent Office has agreed with us that
there are indeed significant questions about the validity of the Gilead
patents on TDF," said Ravicher.  "This is a very strong first step
towards ending the harm being caused to the public by Gilead's use of
those patents to prevent anyone else from offering TDF to HIV/AIDS
patients in the United States."

The Gilead Sciences TDF patents challenged by PUBPAT now being reviewed
by the Patent Office are U.S. Patents No. 5,922,695, 5,935,946,
5,977,089 and 6,043,230.  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.

More information about the reexaminations of the four Gilead Sciences
TDF patents challenged by PUBPAT, including copies of the official
Office Actions issued by the Patent Office granting PUBPAT's four
requests for reexamination, 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 sending an email with "subscribe" in the subject line to
news@pubpat.org. To be removed from the PUBPAT News List, send an email
with "unsubscribe" in the subject line to news@pubpat.org.

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