![]() ![]() Robin Feldman, a professor at the University of California College of the Law in San Francisco, said the case is “an opening shot in the battle brewing between the government and industry over the government’s rights in research.” Collaboration Gone Sour “This will embolden Pharma to refuse to enter license agreements to share in profits funded by taxpayers,” he wrote one day after the verdict on Twitter. “That should be reassuring to both industry and government,” Sauer said.īut Lawrence Gostin, a professor of medicine at Georgetown University and of public health at the Johns Hopkins University, called the jury’s decision “a deep blow.” ![]() He also sees nothing wrong with the thousands of such pacts “under which companies, universities, and government labs currently collaborate.” The intellectual-property provisions in such agreements, he said, won’t necessarily require different structuring in the verdict’s wake. “At this stage it is neither clear nor likely that this dispute will significantly affect government-industry scientific collaboration,” said Sauer, also an adjunct professor at Georgetown Law. Hans Sauer, deputy general counsel for Biotechnology Innovation Organization-a trade group that counts Gilead as a member-said the litigation has made clear that research partners “need to diligently monitor their continuing obligations under material transfer or clinical trial agreements-but we knew that already.” It’s not yet clear whether the US will appeal the verdict, and competing interests have varied views on whether it will chill the symbiotic partnerships on which the industry relies.īut the mere fact that the federal government sued a former collaborator has some pharmaceutical industry insiders and healthcare advocates in flux about the lengths to which the government will go to protect its rights in collaborations. The verdict marked a thorough success for Gilead and saved it from as much as $1 billion in potential royalties. It also found that Gilead’s Truvada and Descovy for PrEP wouldn’t have infringed the patents even if they were valid. Gilead Sciences Inc.'s victory in a rare patent-infringement case brought by the federal government, a former research partner, has pharmaceutical industry insiders and healthcare advocates split on whether and how the fallout might affect such collaborations moving forward.Ī Delaware federal jury last week voided three government-owned patents covering a two-drug regimen for HIV known as pre-exposure prophylaxis, or PrEP. ![]()
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