Gilead Faces Legal Challenges Over Alleged HIV Drug Patent Extension Strategy
Gilead is accused of delaying the release of a safer HIV drug (TAF) to extend patents on older drugs (TDF)15.
Internal documents revealed Gilead's "patent extension strategy" aimed at maximizing profits by postponing the new drug's launch5.
Approximately 26,000 patients have filed lawsuits claiming Gilead unnecessarily exposed them to kidney and bone problems by delaying the safer drug5.
Critics argue this is an example of "product hopping," a tactic to switch patients to newer patented versions before generic competition emerges5.
The delayed release allowed Gilead to extend patents until at least 2031, potentially earning billions in additional profits5.
The U.S. government filed a patent infringement lawsuit against Gilead in 2019 related to PrEP patents held by the CDC6.
Gilead's actions have sparked debates about pharmaceutical industry practices and the balance between innovation and patient welfare5.
The case raises questions about potential reforms to the patent system to prioritize patient well-being over profit maximization5.
Sources:
1. https://irlaw.umkc.edu/cgi/viewcontent.cgi?article=1234&context=faculty_works
5. https://www.jasonjoylaw.com/profit-over-patients-gilead-s-controversial-hiv-drug-patent-extension-strategy
6. https://avac.org/event/prep-justice-updates-on-the-us-v-gilead-case-and-the-fight-for-equitable-prep-access/