Rare HHS Patent Suit May Impact HIV Drug Pricing, Access

In a rare occurrence, the U.S. Department of Health and Human Services finds itself in the middle of a patent law suit against Gilead Sciences Inc. and this dispute could affect HIV drug pricing and accessibility. One of our patent litigation partners weighs in on what makes this suit unusual.

“Gilead's infringing products are obviously commercially significant medical products,” said Patent Litigation Partner Charles Weiss. “The government is not going to seek to have an injunction to stop an important pharmaceutical product from being sold.”

“If you don’t assert the patents, you have no risk, but on the other hand, if you don't assert the patents and people don't want to take a license, you don't have an income either. What's the point of getting a patent if you don't sue on it if you need to?”

READ: Rare HHS Patent Suit May Impact HIV Drug Pricing, Access