A company selling a version of an anti-retroviral drug used in the treatment of people living with HIV/Aids is breaching the Irish patent for the product, it has been claimed in Commercial Court proceedings.

US-based ViiV Healthcare Company and Japan-based Shionogi & Co Ltd, a partnership established between pharma giants GlaxoSlmithKline and Pfizer, are suing Gilead Sciences Inc, of Delaware in the US, and its Irish subsidiary Gilead Sciences Ireland UC of Carrigtwohill, Co Cork.

Gilead Ireland is one of two manufacturing locations for an anti-retroviral drug, Biktarvy, which contains a compound called bictegavir.

ViiV/Shionogi claim that compound infringes its Irish patent. They say they initiated similar infringement lawsuits in the US, Canada, Germany, France and the UK.

Laura Scott, a solicitor representing ViiV/Shionogi, said in an affidavit it had been hoped the initiation of proceedings in the US and Canada would precipitate a timely resolution of the dispute with Gilead.

There was no such resolution and it was against this backdrop her clients sought to have the matter dealt with by the fast track commercial court, she stated.

Supply chain

The proceedings were “of immense commercial significance”, not least because Ireland is used as a manufacturing base for Biktarvy that serves not just the market here but also supply chains in other countries, including the US, she said.

Due to the vital role played by these therapies in saving life and maintaining quality of life among people living with HIV, ViiV/Shionogi had not sought an injunction restraining infringement of the patent, she said.

The case was admitted on consent to the Commercial Court on Monday by Mr Justice David Barniville.

The judge was told there will be a counterclaim by Gilead in relation to the validity of the patent.