Idenix Pharmaceuticals Intends to Appeal Norway District Court Decision Regarding Patent Invalidity Case
March 24 2014 - 7:00AM
Idenix Pharmaceuticals, Inc. (Nasdaq:IDIX), a biopharmaceutical
company engaged in the discovery and development of drugs for the
treatment of human viral diseases, today announced that it intends
to file an appeal to challenge the Oslo, Norway District Court's
(the "Court") decision in a patent invalidity case concerning
Idenix's co-owned Norwegian patent NO 330 755 that covers certain
2'-methyl-2'-fluoro nucleoside compounds useful in the treatment of
the hepatitis C virus (HCV) and other flaviviridae infections.
In September 2012, Gilead Sciences Europe Ltd., a subsidiary of
Gilead Sciences, Inc. (Nasdaq:GILD) ("Gilead"), filed a lawsuit in
the Court claiming that Idenix's Norwegian patent NO 330 755 is
invalid. Idenix subsequently filed a counter claim that a patent
owned by Gilead covering similar subject matter (Norwegian patent
NO 333 700) is invalid and unenforceable. On March 21, 2014, the
Court determined that Idenix's patent is invalid and that Gilead's
patent is valid.
"We intend to challenge this decision in proceedings in the
Appeal Court in Oslo, as we maintain that our patent is valid and
enforceable under Norwegian law," said Maria Stahl, senior vice
president and general counsel at Idenix. "Idenix has invested
significant resources in nucleoside drug discovery and in building
an intellectual property portfolio that supports the discovery and
development of drugs to treat HCV. We remain confident in the
belief that Gilead infringes U.S. and European patents co-owned by
Idenix that cover methods of treating the hepatitis C virus using
either 2'-methyl nucleosides or 2'-methyl-2'-fluoro nucleoside and
will continue to aggressively defend our intellectual property
portfolio."
Other Ongoing Patent Disputes
Idenix has several ongoing litigation and administrative matters
involving Gilead and/or certain of its subsidiaries. In December
2013, Idenix announced it filed two lawsuits against Gilead: a
patent infringement lawsuit in the United States District Court in
Boston, Massachusetts (Idenix U.S. Patents 6,914,054 and 7,608,597)
and a separate patent infringement and interference lawsuit in the
United States District Court in Wilmington, Delaware (Idenix U.S.
Patent 7,608,600 and Gilead U.S. Patent 8,415,322).
In March 2014, Idenix announced it filed patent infringement
lawsuits against Gilead in each of three countries - France,
Germany and the United Kingdom. The lawsuits allege that Gilead
infringes Idenix's recently-granted, co-owned European patent EP 1
523 489 that covers 2'-methyl-2'-fluoro nucleosides for treating
the hepatitis C virus.
In February 2012, the U.S. Patent and Trademark Office, or
USPTO, initiated a patent interference between one of Idenix's
co-owned patent applications and a patent owned by Gilead. In
January 2014, the USPTO determined that Idenix is not entitled to
priority of invention and judgment was entered in favor of Gilead.
Idenix challenged this decision in the U.S. District Court for the
District of Delaware.
In December 2013, the USPTO declared a second patent
interference between Idenix's U.S. Patent 7,608,600 and Gilead's
U.S. Patent Application 11/854,218, both related to the use of
certain 2'-methyl, 2'-fluoro nucleoside compounds to treat HCV
infections.
In August 2013, Idenix filed a request with the Chinese Patent
Office's Patent Re-examination Board, or the PRB, to invalidate
Gilead's Chinese Patent No. ZL.200480019148.4.
Gilead has also filed suit against Idenix in Canada and
Australia to invalidate granted Idenix patents covering certain
2'-methyl-2'-fluoro nucleoside compounds and their use in treating
HCV or other Flaviviridae viruses.
ABOUT IDENIX
Idenix Pharmaceuticals, Inc., headquartered in Cambridge,
Massachusetts, is a biopharmaceutical Company engaged in the
discovery and development of drugs for the treatment of human viral
diseases. Idenix's current focus is on the treatment of patients
with hepatitis C infection. For further information about Idenix,
please refer to www.idenix.com.
FORWARD-LOOKING STATEMENTS
This press release contains "forward-looking statements" for
purposes of the safe harbor provisions of The Private Securities
Litigation Reform Act of 1995, including but not limited to the
statements regarding the Company's future business and financial
performance. For this purpose, any statements contained herein that
are not statements of historical fact may be deemed forward-looking
statements. Without limiting the foregoing, the words "expect,"
"plans," "will," and similar expressions are also intended to
identify forward-looking statements, as are expressed or implied
statements with respect to the Company's litigation strategy.
Actual results may differ materially from those indicated by such
forward-looking statements as a result of risks and uncertainties,
including but not limited to the following: the Company's ability
to maintain and enforce patent and other intellectual property
protection for its product candidates and its discoveries. Such
forward-looking statements involve known and unknown risks,
uncertainties and other factors that may cause actual results to be
materially different from any future results, performance or
achievements expressed or implied by such statements. These and
other risks which may impact management's expectations are
described in greater detail under the heading "Risk Factors" in the
Company's annual report on Form 10-K for the year ended December
31, 2013 as filed with the Securities and Exchange Commission (SEC)
and in any subsequent periodic or current report that the Company
files with the SEC.
All forward-looking statements reflect the Company's estimates
only as of the date of this release (unless another date is
indicated) and should not be relied upon as reflecting the
Company's views, expectations or beliefs at any date subsequent to
the date of this release. While Idenix may elect to update these
forward-looking statements at some point in the future, it
specifically disclaims any obligation to do so, even if the
Company's estimates change.
CONTACT: Idenix Pharmaceuticals Contact:
Teri Dahlman (617) 995-9807
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