US Government Appeals Jury Decision in High-Stakes HIV PrEP Patent Battle Against Gilead

1. Appeal Filed: The Biden administration has appealed a 2023 jury decision that found Gilead did not infringe on key government patents for HIV prevention drugs Truvada and Descovy.
2. Jury Decision: The jury ruled that the US government did not have enough evidence to establish infringement and that the patents were invalid due to obviousness to professionals in the field.
3. Court Ruling: A Delaware court later granted the government's motion to upset the jury's findings on direct infringement and patent invalidity, but upheld the view that the patents were invalid.
4. Patent Claims: The government's appeal seeks to reverse the previous rulings on the invalidity of their patent claims over Truvada and Descovy.
5. Background: The dispute began in 2019 when the Trump administration sued Gilead, alleging that the company profited from publicly funded research without obtaining a license for the patented drug regimens.
6. Stakes: The case involves hundreds of millions of dollars in royalties, with the government having spent significant funds on clinical studies of these treatment regimens.
7. Drugs Involved: Truvada (emtricitabine/tenofovir disoproxil fumarate) and Descovy (emtricitabine/tenofovir alafenamide) are both used for HIV prevention and treatment.