ViiV Healthcare Company v Gilead Sciences Pty Limited

The case between ViiV Healthcare Company and Gilead Sciences Pty Limited involved a dispute over the infringement of a patent related to a pharmaceutical compound used for treating HIV. The matter was heard by the Federal Court of Australia. The plaintiff, ViiV Healthcare, alleged that the defendant, Gilead Sciences, had infringed its patent through the production and sale of a product called Biktarvy, which contains the active ingredient bictegravir as a sodium salt. The court was tasked with determining whether the structure of Biktarvy constituted an infringement of the plaintiff's patent, specifically concerning the bicyclic ring structures and integrase inhibitory activity.

The primary legal issue was whether Gilead Sciences' product Biktarvy infringed ViiV Healthcare's patent, specifically the claims regarding the polycyclic carbamoylpyridone derivatives. ViiV Healthcare argued that Biktarvy's sodium salt form of bictegravir fell within the scope of the patent claims, while Gilead Sciences contended that the sodium salt form was distinct and did not infringe the patent. The court had to examine the detailed structure and chemical composition of the alleged infringing product and compare it to the claims in the patent to determine if there was an infringement.

The court found that the structure of Biktarvy did not infringe the patent claims of ViiV Healthcare. The analysis focused on the specific chemical structures and the technical details provided in the patent disclosure. The court concluded that the alleged infringing product's sodium salt form of bictegravir did not align with the claimed bicyclic ring structures in the patent. As such, the court dismissed the plaintiff's application for an interlocutory injunction and ruled that the defendant's product did not infringe the patent. Consequently, the court ordered that Gilead Sciences pay the costs of the interlocutory application.