It makes sense that Merck is up a bit -- as this was clearly a bit of good news -- for Kenilworth. Even so, there is much yet ahead in the global patent battles related to these Hep C cures.
And that explains why Gilead -- while opening a little lower (just over one per cent, compared to last night's close) -- has generally moved north from there, on strong volume, all morning.
We should not forget that Merck's last win -- on these same matters -- was ultimately wiped out, entirely, in bench proceedings, after the jury's verdict -- last summer, in California's Northern District.
Object Lesson: US patent law is quite a bit more complicated that just the jury's role of finding facts. [And perhaps even more directly (though straight financial analysis is usually beyond the blog's scope), Gilead has sold $25 billion worth of these cures -- with no let up in sight. If it reduces its gross margin, overall, going forward, by the max of 10 per cent (Merck's putative royalty). . . Gilead is still well-ahead. As I say, it will be fine.]
As ever, forward -- into Sweet Will's "undiscovered country" -- with much more to come. Breathing easier now -- under much warmer, if gray, skies. The snow arrives in earnest again, this evening. Smile. Onward -- as ever. [Disclosure: I am not long or short any name I write about here.]