ViiV Healthcare Company v. Gilead Sciences Canada, Inc.

ViiV Healthcare Company v. Gilead Sciences Canada, Inc.

Reading claims 1, 11 and 16 purposively through the eyes of the POSITA and in light of the specification and CGK, Ring A as claimed is limited to monocyclic heterocycles and, where the disclosure teaches bicyclic derivatives, to spiro or fused bicyclic systems; the specification never discloses or suggests bridged bicyclic Ring A structures and therefore does not encompass them; bictegravir contains a bridged bicyclic Ring A and thus does not infringe claims 1, 11 or 16, leading to dismissal of ViiV's action and granting of Gilead's motion for summary trial.

Citation
2020 FC 486
Parties
Plaintiff/defendants by Counterclaim: ViiV Healthcare Company; Plaintiff/defendants by Counterclaim: Shionogi & Co., Ltd.; Plaintiff/defendants by Counterclaim: ViiV Healthcare ULC; Defendant/plaintiff by Counterclaim: Gilead Sciences Canada, Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 April 2020
Procedural Posture
Patent Infringement and Invalidity Action / Summary Trial on Claim Construction and Non Infringement (motion Granted)
Outcome
Gilead's motion for summary trial granted; ViiV's action dismissed; declaratory finding that the 282 Patent is not infringed by Gilead
Legal Topics
Claim Construction, Infringement, Person of Ordinary Skill in the Art (posita), Common General Knowledge (cgk), Summary Trial Procedure, Essentiality and Variant Analysis, Costs
Source Language
English
Intellectual Property Patent Law Civil Procedure Claim Construction Infringement Person of Ordinary Skill in the Art (posita) Common General Knowledge (cgk) Summary Trial Procedure +2 more

Case Brief

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Parties

ViiV Healthcare Company

Plaintiff/defendants by Counterclaim

Shionogi & Co., Ltd.

Plaintiff/defendants by Counterclaim

ViiV Healthcare ULC

Plaintiff/defendants by Counterclaim

Gilead Sciences Canada, Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement and Invalidity Action / Summary Trial on Claim Construction and Non Infringement (motion Granted)

Legal Issues

  1. 1 Proper construction of Ring A in claims 1, 11 and 16 of Canadian Patent No. 2,606,282
  2. 2 Whether bictegravir falls within the scope of claims 1, 11 and 16 given that construction
  3. 3 Whether bridged bicyclic Ring A structures are encompassed by the claims or are excluded

Ratio Decidendi

Reading claims 1, 11 and 16 purposively through the eyes of the POSITA and in light of the specification and CGK, Ring A as claimed is limited to monocyclic heterocycles and, where the disclosure teaches bicyclic derivatives, to spiro or fused bicyclic systems; the specification never discloses or suggests bridged bicyclic Ring A structures and therefore does not encompass them; bictegravir contains a bridged bicyclic Ring A and thus does not infringe claims 1, 11 or 16, leading to dismissal of ViiV's action and granting of Gilead's motion for summary trial.

Court Disposition

Gilead's motion for summary trial granted; ViiV's action dismissed; declaratory finding that the 282 Patent is not infringed by Gilead

Orders

  • Gilead's motion for summary trial is granted
  • Declaration that Canadian Patent No. 2,606,282 is not infringed by Gilead (bictegravir does not fall within claims 1, 11 or 16)