Gilead Sciences is under fire from several directions now. The latest shot comes from the Public Patent Foundation, which has just filed formal requests with the US Patent and Trademark Office challenging four key HIV/AIDS drug patents related to Viread. The drug is marketed as part of the Atripla combination.

As part of its request, the group submitted prior art that it claims the USPTO didn’t review before grating Gilead its patents. Moreover, the group maintains this invalidates the patents and asks the USPTO to revoke them. The FDA won’t allow anyone else to distribute Viread in the US, because Gilead claims its four patents provide exclusive marketing rights.

“Gilead is using the four patents our requests show are invalid to prevent anyone else from offering (Viread) to HIV/AIDS patients in the US,” says Dan Ravicher, the group’s executive director. “Since the patents are undeserved, they are unjustified barriers preventing American HIV/AIDS patients from getting the medical treatment that they need and deserve.”

This latest move comes after a consumer advocacy group last month filed a petition with the Federal Trade Commission, charging Gilead with unfairly attempting to cut off supplies of ingredients for tow AIDS drugs.

Statement by the Public Patent Foundation;
Related patent documents;
Viread product information;
Petition filed with the FTC.