While I don't regard the allegedly false statements under oath as central to the issue of whether Merck's patents are valid, I do think the able Judge Labson-Freeman is encouraging Merck to take half a slice of pie, or risk receiving none at all. We shall see -- but perjury is a very strong word. Here is yesterday's minute entry, in full:
. . . .Minute Entry for proceedings held before Hon. Beth Labson Freeman:
Motion Hearing held on 4/29/2016.
[403] STIPULATION WITH PROPOSED ORDER Regarding Schedule for Motions and Briefing on Judgment As A Matter of Law filed by Gilead Sciences, Inc.,
[333] MOTION for Judgment as a Matter of Law under Rule 50(a) filed by Gilead Sciences, Inc.,
[406] MOTION for Judgment as a Matter of Law Under Fed. R. Civ. P. 50(b), or in the alternative for a New Trial Under Fed. R. Civ. P. 59, On Gilead's Derivation and Prior Invention Defenses filed by Gilead Sciences, Inc.,
[298] MOTION Gilead's Motion to Have Undisputed Facts Read to the Jury filed by Gilead Sciences, Inc.,
[400] MOTION for Judgment on Partial Findings Under Fed. R. Civ. P. 52(c) filed by Gilead Sciences, Inc.,
[410] MOTION to Strike MERCKS UNTIMELY ARGUMENT AND EVIDENCE DEFENDING THAT PERJURY OR TO REOPEN THE RECORD TO FURTHER ADDRESS DR. DURETTE'S PERJURY filed by Gilead Sciences, Inc.,
[372] MOTION for Judgment as a Matter of Law under Rule 50(a) filed by Gilead Sciences, Inc.
The Court takes the matters under submission, written order to follow.
Total Time in Court: 55 minutes.
Court Reporter Name: Irene Rodriguez.
Plaintiff Attorney: Jonathan Singer, John Farrell.
Defendant Attorney: Bruce Genderson, Stephen Rabinowitz, Jessamyn Berniker. . . .
A more substantive one will be up shortly, on Pfizer's foreign currencies exchange experiences in Q1 2016 -- and what it might mean for Merck, in turn, come Thursday's earnings announcement and call. Smiling -- on a flawless morning walking in, here. . . .
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