SAN FRANCISCO — Anticipating litigation over a promising drug to treat Hepatitis C infections, Gilead Sciences launched a legal preemptive strike on Friday, seeking a judgment that it isn't infringing on the already-patented research of pharmaceutical rivals Merck & Co or Isis Pharmaceuticals.
Represented by attorneys at Fish & Richardson, Gilead says that in order to prevent competition to Merck's own lucrative HCV-fighting prescription — Victrelis — that company modified its patent claims to include compounds that were part of another drug company's pending application for its new HCV drug, Sofosbuvir NDA. Gilead acquired that company, Pharmasset Inc., in January 2012, inheriting its promising new oral prescription — and, since then, Merck's unwanted attention.
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