The USPTO has now posted notices of Intent to issue re-exam certificates for Gilead’s remaining two patent nos 5935946 and 5977089. Copies of the notices of intent can be found here and here.
Following the USPTO’s earlier notifications to re-validate Gilead’s US Patent Nos. 5922695 and US 6043230, this means that all four patents that were re-examined in the U.S have been upheld as valid.
US Patent No. 5935946 relates to the end marketed formulation of tenofovir, the fumarate salt patent, and which was preliminarily refused by the Brazilian patent office. It remains to be seen now whether the USPTO’s decision will affect the Brazilian patent office’s final decision, as well as the pre-grant oppositions filed against Gilead’s patent applications in India. Indeed, pre-grant opposition hearings concerning Gilead’s ester derivative patent application are currently taking place in India, so a decision may be coming shortly.