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Gilead’s Claim That Generic Purchase of Sofosbuvir Would Lead to Patent Infringement in Brazil Dismissed

Gilead claims there is a patent infringement (patent BR 12 2018 015050 5) by the generic producers EMS and Blanver/Fiocruz and directly asked to block any eventual commercialization of sofosbuvir products by these producers, particularly their participation in the upcoming online purchase auction for direct-acting antivirals (DAAs) by the Ministry of Health of Brazil. The judge dismissed the cases last February 17th claiming it is not clear the patent infringement at this point, also mentioning TRIPS agreement clauses and the high costs of DAAs/public health impact.

For more information, see the attached documents in Portuguese.