German Court Rules that Gilead's Sofosbuvir Infringes NuCana's '190 Patent

EDINBURGH, United Kingdom, July 11, 2022 (GLOBE NEWSWIRE) -- NuCana plc (NASDAQ:NCNA ) announced that, following a comprehensive hearing on May 17, 2022, the Regional Court of Dusseldorf (the "Court") issued a judgement on July 7, 2022 that Gilead Sciences Ireland UC and Gilead Sciences GmbH (together, "Gilead") infringe NuCana's composition of matter claims in European Patent 2955190 (the "'190 patent") through their sales of Sovaldi® , Harvoni® , Vosevi® and Epclusa® in Germany. This judgement follows Gilead's unsuccessful challenge to the validity of NuCana's ‘190 patent at the Opposition Division of the European Patent Office in 2021. By reference to the appeal pending before the EPO, Gilead also attempted to challenge the validity of the ‘190 patent in the German litigation. However, the Court rejected each and every one 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® . NuCana's patent filing, which was invented by Professor Chris McGuigan, precedes Gilead's first filing date on its Sovaldi® patents by several years. The decision of the Court applies only to Germany and Gilead may appeal the decision. On February 8, 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 through the sale of Sovaldi and its combination products. The UK proceedings are ongoing. About NuCana NuCana is a clinical-stage biopharmaceutical company ... Full story available on Benzinga.com