[Ip-health] Pharmalot: Gilead won't have to pay $200 million in patent case because Merck Laywer lied.

Jamie Love james.love at keionline.org
Wed Jun 8 13:37:50 PDT 2016

Ed provides a link to the option.


Gilead won't have to pay $200 million in patent case because Merck Laywer

By ED SILVERMAN @Pharmalot
JUNE 7, 2016

In an embarrassing blow to Merck, a federal court judge on Monday decided
that Gilead Sciences does not have to pay $200 million in damages that was
recently awarded in a patent dispute because Merck displayed a “pervasive
pattern of misconduct.”

At issue was testimony from a retired Merck patent attorney, who was found
to have “lied” repeatedly when recounting events that took place more than
a decade ago concerning patents for hepatitis C compounds, according to the
65-page opinion by US District Court Judge Beth Labson Freeman. At the
time, Merck held exploratory talks with another company, Pharmasset, about
a collaboration.

The judge concluded that the Merck lawyer, Philippe Durette, intentionally
gave false testimony during a deposition and a recent trial about his role
in those talks. His testimony helped a jury to decide that Merck was
responsible for the early discovery work that later led to the development
of the Sovaldi and Harvoni pills that are sold by Gilead. And she chided
Durette for claiming to have a faulty memory.

Moreover, Freeman decided Merck supported his “bad faith conduct” by
directing him to continue work on Merck hepatitis C patents at the same
time he was allowed to participate in due diligence meetings with
Pharmasset employees. Freeman found that Merck’s misconduct was “egregious”
and included lying to Pharmasset, misusing Pharmasset’s confidential
information, and breaching confidentiality.

The issue was raised after a jury trial in March and Gilead was allowed to
provide new evidence. (The 65-page opinion is dense, but rich with
interesting details).

Link to opinion here:  http://freepdfhosting.com/bbfe6ba5b0.pdf

James Love.  Knowledge Ecology International
KEI DC tel: +1.202.332.2670, US Mobile: +1.202.361.3040, Geneva Mobile:
+41.76.413.6584, twitter.com/jamie_love

More information about the Ip-health mailing list