Gilead Statement on Successful Resolution with U.S. Department of Justice and the Department of Health and Human Services on Patents

Foster City, Calif., January 15, 2025 - Gilead Sciences, Inc. today announced it has reached a final settlement agreement with the U.S. Department of Justice and the U.S. Department of Health and Human Services (HHS) that concludes the five-year litigation concerning the government's patents on Truvada® and Descovy® for pre-exposure prophylaxis (PrEP). This litigation included the federal jury verdict that the government's patents are not valid and two federal court decisions affirming Gilead's claims that the government breached multiple contracts with Gilead relating to PrEP research. This resolution reflects the culmination of Gilead's resounding success in these cases, and the government has withdrawn its appeal of the verdict.

Importantly, Gilead will receive a license to certain current and future government PrEP patents that will protect Gilead's freedom to operate for years to come.

"Today's settlement ends this litigation, and this final resolution allows Gilead to continue to focus its resources on its mission to discover, develop, and deliver innovative therapeutics to people with life-threatening diseases. Gilead is proud to have invented and developed Truvada and Descovy, and to have brought these life-changing innovations to people in need. Gilead continues to champion collaborations, including our efforts with HHS that span more than 15 years, as we all work together toward our common goal to end the HIV epidemic for everyone, everywhere," said Deborah Telman, Executive Vice President, Corporate Affairs and General Counsel, Gilead Sciences.

Settlement Details

In 2019, the government sued Gilead for purportedly infringing four patents that the government issued to its own Centers for Disease Control and Prevention (CDC). Gilead has long maintained that these government patents are invalid and that the government obtained them in breach of its contracts with Gilead. Two courts ruled in Gilead's favor. In May 2023, a federal jury that heard the government's patent infringement claims unanimously found the government's patents to be invalid. Additionally, the U.S. Court of Federal Claims' decisions in 2022 and 2024 found that the government breached five contracts with Gilead when it applied for these patents-including contracts that required the CDC to make its PrEP inventions available to the public and not to patent them. This resolution ends both the patent case and the last phase of the contract litigation, avoiding further litigation costs for both taxpayers and Gilead.

About Gilead HIV

For more than 35 years, Gilead has been a leading innovator in the field of HIV, driving advances in treatment, prevention and cure research. Gilead researchers have developed 12 HIV medications, including the first single-tablet regimen to treat HIV, the first antiretroviral for pre-exposure prophylaxis (PrEP) to help reduce new HIV infections, and the first long-acting injectable HIV treatment medication administered twice-yearly. Our advances in medical researchhave helped to transform HIV into a treatable, preventable, chronic condition for millions of people.

Gilead is committed to continued scientific innovation to provide solutions for the evolving needs of people affected by HIV around the world. Through partnerships, collaborations and charitable giving, the company also aims to improve education, expand accessand address barriers to care, with the goal of ending the HIV epidemic for everyone, everywhere. Gilead was recognizedas one of the leading philanthropic funders of HIV-related programs in a report released by Funders Concerned About AIDS.

For more information about Gilead, please visit the company's website at www.gilead.com, follow Gilead on X/Twitter (@Gilead Sciences) and LinkedIn (@Gilead-Sciences).