Decision

ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2020 FC 486 (Dolutegravir*)

Justice Manson - 2020-04-06

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This is a motion for summary trial in a patent action. Given the narrow and well-defined issues before the Court, this is an appropriate proceeding to advance the litigation and narrow the issues in dispute. ... The issue for summary trial turns on the construction of only one claim element: Ring A in each of claims 1, 11, and 16 and whether based on that construction, Gilead may infringe one or more of these claims and claims dependent thereon. ... For the foregoing reasons, bictegravir does not fall within any of the asserted claims of the 282 Patent. Accordingly, Gilead’s motion for summary trial is granted, and ViiV’s action is dismissed.

Decision relates to:

 

Canadian Intellectual Property