Monday, September 14, 2015

More News: Solvaldi® Patent Spats Scheduling -- In Merck-Gilead Litigation

As Monday draws to a close, with no word on the finasteride hearing of last week, I'll update the status of the potentially material Gilead - Merck patent litigation.

Here is the latest from the very able Judge Burke -- as he tries to have the parties work out a reasonable schedule, given the competing and conflicting criss-cross patchwork field of lawsuits (in which each alleges infringement of one or more of the others' patents). See below -- this is the full text of his oral order entered today at lunchtime:

. . . .IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following:

(i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party;

(ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and

(iii) a letter, not to exceed three pages, that contains the following:

(a) a description of what this case is about;

(b) the parties' positions regarding the disputes in the proposed Scheduling Order, and

(c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics.

Thereafter, the Court will schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke.

The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (

Ordered by Judge Christopher J. Burke on September 14, 2015. . . .

Sovaldi® does represent -- potentially, at least -- a several billion dollar patent fight -- just so you know. So much has happened in the year that is marked by today's date, one year ago. . . so much indeed. Smile.

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