Gilead Sciences, Inc. (Nasdaq:GILD) today announced that the U.S. Patent
& Trademark Office (PTO) has completed the first of four reexamination
proceedings and has confirmed the patentability of U.S. Patent No.
6,043,230, which covers a method of use for Viread (tenofovir disoproxil
fumarate). The U.S. PTO has not announced its ruling on the remaining
three Viread patents under review. The four U.S. PTO review proceedings were initiated July 2007 in
response to a challenge issued by the Public Patent Foundation (PUBPAT)
in March 2007 for U.S. Patents No. 5,922,695; 5,977,089; 5,935,946; and
6,043,230. In its request for the reexaminations, PUBPAT claimed that
prior art existed that would have impacted the issuance of the original
patents. Upon completion of the first reexamination proceeding, the U.S. PTO has
confirmed the patentability of U.S. Patent No. 6,043,230 with no
reduction in the scope of the claims. "We are pleased that the U.S. PTO, following a
detailed and comprehensive analysis, has concluded this first
reexamination," said Gregg Alton, Senior Vice
President and General Counsel. "We have always
believed that the U.S. PTO would recognize that Viread is a novel
product, and we remain confident that the office will rule similarly on
the remaining three patents under review." About Gilead Sciences Gilead Sciences is a biopharmaceutical company that discovers, develops
and commercializes innovative therapeutics in areas of unmet medical
need. The company´s mission is to advance the
care of patients suffering from life-threatening diseases worldwide.
Headquartered in Foster City, California, Gilead has operations in North
America, Europe and Australia. Forward-Looking Statement This press release includes forward-looking statements, within the
meaning of the Private Securities Litigation Reform Act of 1995, that
are subject to risks, uncertainties and other factors, including
uncertainty related to the expected timing of the U.S. PTO´s
ruling on the remaining three Viread patents, the risk that the U.S. PTO
may narrow or invalidate some or all of the original claims in such
patents and the risk of the ultimate enforceability of this patent
should it be challenged in a court of law. These risks, uncertainties
and other factors could cause actual results to differ materially from
those referred to in the forward-looking statements. The reader is
cautioned not to rely on these forward-looking statements. These and
other risks are described in detail in Gilead´s Annual Report on Form
10-K for the year ended December 31, 2007 and Quarterly Report on Form
10-Q for the quarter ended March 31, 2008, as filed with the U.S.
Securities and Exchange Commission. All forward-looking statements are
based on information currently available to Gilead, and Gilead assumes
no obligation to update any such forward-looking statements. Viread is a registered trademark of Gilead Sciences, Inc. For more information on Gilead, please call the Gilead Public Affairs
Department at 1-800-GILEAD-5 (1-800-445-3235) or visit www.gilead.com