The U.S. government routinely sues pharmaceutical companies for making false claims, bilking Medicare, illegal kickbacks, and sloppy manufacturing practices. But on 6 November, the U.S. Department of Justice (DOJ) filed suit against Gilead Sciences Inc. of Foster City, California, for reasons that cannot easily fit on a bumper sticker. At the center of the dispute are monkey studies done by researchers at the U.S. Centers for Disease Control and Prevention (CDC) with a Gilead drug called Truvada, and the drug’s use as part of a highly effective HIV prevention strategy called pre-exposure prophylaxis (PrEP).
Truvada for PrEP has earned Gilead billions of dollars, and the government contends it deserves some of those earnings because it helped develop the intervention. Specifically, the government alleges Gilead failed to obtain licenses to use four patents that CDC obtained on research results related to PrEP. “Gilead has repeatedly refused to obtain a license from CDC to use the patented regimens,” the federal lawsuit states. “Meanwhile, Gilead has profited from research funded by hundreds of millions of taxpayer dollars … but has not paid any royalties to CDC.” The lawsuit contends that “Gilead’s conduct was malicious, wanton, deliberate, consciously wrongful, flagrant, and in bad faith.”
Gilead has rejected the allegations, arguing that each of the four government patents at issue is invalid. The work conducted by CDC researchers was obvious and proposed by others before they even published their experiment, the company argued in petitions sent to the U.S. Patent and Trademark Office (USPTO) earlier this year. It has asked the agency to cancel the patents.