Issues To Watch In Fed. Circ. Hep C Drug Patent Case

Law360 (June 7, 2019, 3:10 PM EDT) -- In a fully briefed appeal scheduled for oral argument on July 9, 2019, the U.S. Court of Appeals for the Federal Circuit will again address the issue of enablement but in an area it rarely wades — the enablement of patent claims directed to a chemical genus defined by chemical structure. The case, Idenix Pharmaceuticals LLC v. Gilead Sciences Inc., may significantly alter patent practice in the chemical arts. 

The dispute centers around Gilead’s successful Sovaldi and Harvoni products, both of which are used to treat hepatitis C, or HCV. Idenix sued Gilead for infringement and obtained a $2.54 billion jury verdict...

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