Update on Patent Ruling on ViiV Healthcare's EPZICOM® and TRIZIVIR®

GSK and ViiV Healthcare confirmed today that the US District Court for the District of Delaware upheld the validity of a patent covering the double combination of  lamivudine and abacavir (Epzicom®) and the triple combination of lamivudine, abacavir and zidovudine (Trizivir®). 

This patent is U.S. Patent No. 6,417,191 B1, and it has an expiry date in March 2016.

Teva had previously acknowledged to the court that its generic version of Epzicom infringes the patent. There are no other challengers of this patent for Epzicom at this time.

In a separate component to the decision, the Judge ruled that the Lupin generic version of Trizivir did not infringe this combination patent. ViiV Healthcare is disappointed with this component of the court’s decision and is evaluating options for next steps in the legal process.

Update on December 19 2013: Regarding the Judge’s ruling that the Lupin generic version of Trizivir did not infringe this combination patent, ViiV Healthcare intends to appeal.