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Re: DewDiligence post# 151529

Tuesday, 11/27/2012 4:10:32 PM

Tuesday, November 27, 2012 4:10:32 PM

Post# of 252469
Teva holds off on launching generic Viread/Truvada/Atripla “at risk” until at least Jun 2013:

http://www.businessweek.com/news/2012-11-27/teva-won-t-sell-gilead-generics-until-june-or-ruling

Teva Pharmaceuticals agreed to delay the introduction of generic versions of two Gilead Sciences Inc. (GILD) HIV drugs until June if a judge hasn’t ruled in its favor by then in a patent case brought by Gilead. U.S. District Judge Richard Sullivan in Manhattan is set to begin a non-jury trial of Gilead’s patent-infringement lawsuit Feb. 20. If he doesn’t rule by June 1, Teva may begin to sell the drugs Truvada and Viread, according to an agreement between the two companies that was filed today in federal court.

For Teva, not launching at-risk is probably a wise decision given the magnitude of the potential damages.

Ultimately, if the Viread patent fails to hold up, GILD has TAF (f/k/a GS-7340) as a backup plan (#msg-81030759). More important, GILD has ceased promoting Atripla in favor of Complera and Stribild, both of which are patent protected for many years to come.

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