- Regional Court of Dusseldorf has ruled in favor of NuCana plc (NASDAQ: NCNA), stating that Gilead Sciences (NASDAQ:GILD) Ireland UC and Gilead Sciences GmbH infringed NuCana's composition of matter claims in European Patent 2955190 through their sales of Sovaldi, Harvoni, Vosevi and Epclusa in Germany.
- This judgment follows Gilead's unsuccessful challenge to the validity of NuCana's ‘190 patent at the Opposition Division of the European Patent Office in 2021.
- Gilead also attempted to challenge the validity of the ‘190 patent in German litigation. However, the Court rejected every of Gilead's claims and fully endorsed the decision by the Opposition Division.
- NuCana filed the ‘190 patent in July 2003, with claims covering a small group of phosphoramidate nucleotides, including sofosbuvir, the active ingredient of Sovaldi and which is also used in the combination products Harvoni, Vosevi, and Epclusa.
- The decision of the Court applies only to Germany, and Gilead may appeal the decision.
- In February 2021, Gilead filed a lawsuit against NuCana in the UK Patents Court, seeking to revoke the UK designation of the ‘190 patent.
- NuCana has counterclaimed for infringement by selling Sovaldi and its combination products. The UK proceedings are ongoing.
- Price Action: NCNA shares are up 12.50% at $0.81 during the market session on the last check Monday.
Read at Benzinga