On January 29, 2014, Fitzpatrick successfully obtained a judgment on behalf of client Gilead in a patent interference against Idenix, relating to nucleoside analogs for treating HCV. In an earlier decision, Fitzpatrick was successful in obtaining senior party status for Gilead in the interference. As junior party, it was Idenix’s burden to demonstrate it was the first to conceive and first to reduce to practice the subject matter of the interference or first to conceive and last to reduce to practice, coupled with diligence. On January 29, 2014, the Board held that Idenix failed to prove prior conception and further that, even if Idenix were the first to conceive, Idenix failed to prove diligence, thereby precluding an award of priority to Idenix. Gilead’s involved patent covers the active metabolite of its new drug Sovaldi®.
The Fitzpatrick team was led by partners Anthony M. Zupcic, Daniel S. Glueck, and Alicia A. Russo, with assistance in the priority phase from partners Steven Kline and Simon Roberts and associates Christina Schwarz, Erin Austin, Donald Heckenberg, Erica Norey, Leila Kaplus Marcovici and Zachary Garrett.