Saturday, November 7, 2015

"These are not the droids you are looking for" -- Gilead Channels Obi-Wan -- In Photo-Tube Flap, Over Solvaldi® (sofosbuvir) Patents

About twelve days ago, I highlighted some unusual Saturday federal court filings by Merck's lawyers, in this truly massive, sprawling (globe spanning, actually) patent battle -- which if ultimately decided on the merits -- could generate (or cost) literally billions in revenue -- on sofosbuvir, for the two parties in interest: Gilead and Merck. Late on Friday, Gilead's answer appeared in the electronic patent dockets, to Merck's motion to compel.

In sum, you got the wrong guy, man -- is the answer. Or, as December 18 looms, brightly -- "These are not the droids you are looking for. . ."

[Please forgive the dated reference, there. Smile. Updated PG-13 parody clip, below.] In any event, here is the full 26 page PDF of Gilead's Response -- and a bit:

. . . .Merck’s request is rooted in a demonstrably wrong assertion — that the material in one of the Photographed Tubes is PSI-6130. Merck makes that assertion in the face of overwhelming evidence that PSI-6130 did not exist in October of 2002 and based solely on the unremarkable fact that one of the tubes contains material with a molecular weight identical to PSI-6130’s weight of 259.2. However, Merck is already in possession of information clearly identifying the compound in question as PSI-0194 — a compound having a distinctly different structure from PSI-6130, but sharing its molecular weight. Merck had this information before filing its October 23, 2015 Motion to Compel Plaintiff and Dr. Seeger to Comply with Discovery Requests and Subpoena (the “Motion”). Additionally, after Merck filed its Motion, Gilead provided additional evidence unambiguously identifying the material in the Photographed Tubes as including PSI-0194, and excluding PSI-6130.

Nonetheless, despite Gilead’s requests, Merck has refused to withdraw its Motion, unreasonably forcing Gilead to incur the costs of opposing Merck’s meritless demands. . . .

If you are so inclined, do go read it all -- but that is the sum and substance -- mistaken identity. So, Merck has no new leg up, here. Off -- to enjoy a flawless, SoFA glass sculptures filled Saturday, now. Smile.

No comments: