Below in blue is a bit from the filing
If the liquid in the vial is in fact accurately labeled (i.e., a chemical with molecular weight of 259.23 g/mol), Merck would probably be right in saying that Gilead in fact agrees (ever since 2002!) that Merck's patents "taught" the Pharmasset scientists (a company Gilead later acquired) how to make what became Sovaldi. If so, materially good news, for Merck; bad news for Gilead's positions, in each of the pending suits in the EU, Canada and in the federal District courts in Delaware and Northern California. Here is a bit of (and a link to) the latest filing
. . . .If PSI-6130 was present in any one of the tubes sent on or around October 28, 2002, this is strong evidence that one of ordinary skill in the art was enabled by the disclosure of Merck’s specification to make and then test compounds falling within the claims of the patents-in-suit. It is also further proof that there was adequate written description in the specification of the patents-in-suit to allow one of ordinary skill in the art to make and then test compounds covered by the patents-in-suit for treating HCV infection in a mammal. . . .
Onward, and awaiting the arrival of BHO 44 here -- in the City of Big Shoulders, tomorrow -- as military style fixed wing vertical takeoff maneuvers are being practiced, right outside my lakefront-facing windows now. . . . Cool.
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