Gilead Slams HHS' 'Perverse' Requests In HIV Drug IP Battle

Law360 (July 27, 2020, 10:53 PM EDT) -- Gilead has fired back at the U.S. Department of Health and Human Services' requests to wipe out counterclaims against the agency in a patent dispute over an HIV treatment, calling the federal government's claims that it's immune from inequitable conduct defenses "perverse."

In two briefs filed Friday, Gilead Sciences Inc. urged a Delaware federal court to deny HHS's separate motions to strike and dismiss its counterclaims of noninfringement and invalidity in the government's lawsuit accusing the drugmaker of infringing four patents for pre-exposure prophylaxis, or PrEP, which is used to help prevent HIV infections.

The government had argued that the counterclaims were...

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