Fitzpatrick successfully obtained a judgment on behalf of Gilead in a second patent interference against Idenix
On March 23, 2015, Fitzpatrick successfully obtained a judgment on behalf of Gilead in a second patent interference against Idenix. This interference related to methods for treating HCV infection using nucleoside analogs. In an earlier motions decision, Fitzpatrick was successful in having all of Idenix’s involved patent claims held unpatentable and in obtaining senior party status for Gilead. As junior party, it was Idenix’s burden to demonstrate in the priority phase that it was first to invent. Idenix elected not to file a priority motion, resulting in entry of judgment against Idenix and cancellation of all of Idenix’s involved claims.
Idenix has asserted this same patent against Gilead in district court, alleging that the sale, offer for sale, and distribution of Gilead’s anti-HCV drug, Sovaldi®, will infringe. However, absent a favorable appeal from the interference, Idenix’s involved claims cannot be asserted, in view of the Board’s finding of unpatentability and cancellation of the claims.
The Fitzpatrick team was led by partners Anthony M. Zupcic, Daniel S. Glueck, and Alicia A. Russo, with assistance from Erin Austin, Donald Heckenberg, Erica Norey, Robert Pierson, Prajakta Sonalker, and Zachary Garrett.