Tuesday, December 29, 2015

Merck's Sovaldi® Patent Battle Now Set For Trial -- First Week Of March 2016

Well, it looks like the federal District Courts, situate in the City of San Jose, California will hold the first US jury trial (assuming no settlement occurs) -- on the now globe spanning patent spat between Merck and Gilead -- related to the Hep C mega blockbuster sofosbuvir, sold by Gilead under the brand name Sovaldi®, in the US. You regular readers will recall that a related proceeding is also underway in the US District courts in Delaware [and just very recently, in the District of Columbia, USDC (under the estimable Judge Reggie Walton), for pending third-party subpoenas/discovery spats].

Why is this highly technical IP fight sprawling across at least three federal courthouses on both coasts, in the US -- and ALSO in Canada, the UK, and parts of the EU? Because. . . it is no exaggeration at all to say that multiple billions of dollars are potentially at stake here, in running royalties, should Merck prevail in its request for 10 per cent of Sovaldi sales, year by year. As I've written repeatedly, though, I would expect that even if Merck prevails, it might only see a small fraction of that: something like one or two percent, of all sales. But still well-worth watching, in any event. We will keep you posted, as this was entered overnight, on the very capable US District Court Judge Beth Labson Freeman's electronic PACER docket:

. . . .Set Jury Trial set for 3/7/2016, 3/8/2016, 3/9/2016, 3/10/2016, 3/11/2016, 3/14/2016, 3/15/2016, 3/16/2016, 3/17/2016 and 3/18/2016 09:00 AM before Hon. Beth Labson Freeman. . . .

Do stay tuned -- and. . .keep it spinning in good karma, people. . . I'm going to be scarce, from here on! Grinning into a new year 2016, now. . . .

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