Gilead HIV Drugs Don’t Infringe Axed US Patents, Judge Clarifies

Doctors and patients administering and receiving two drugs in an HIV-prevention regimen—not Gilead Sciences Inc.'s Truvada and Descovy themselves—directly infringe voided government-owned patents, a federal judge clarified while rejecting Gilead’s contention that a clear error of law warranted amendment of her May 2023 judgment.

Gilead failed to meet the standard for granting its request under Rule 59(e) of the Federal Rules of Civil Procedure, used to alter or amend a judgment due to a substantive oversight or clear error of law or fact, according to an order issued Thursday in the US District Court for the District of Delaware.

• Judge ...