Not surprisingly, Merck's version (since Merck owns Idenix) is longer, by three pages -- (at nine total in that PDF file) and puts a very specific calculation of potential damages very near the top.
Equally non-surprising is the notion that Gilead/Pharmasset leaves the damages question to near the very end of its six page PDF file. Gilead also has argued to reduce the number of matters that are even jury questions, throughout its pre-trial motions, so it asks quite a lot less, of this jury. The able Judge Stark is likely to adopt a hybrid of each form, but I have attached each of them -- for those of you interested in such minutiae. . . [as they are unlikely to come into play for a full week yet]. But now you know. [This isn't likely to be a record breaking patent damages trial -- but it still could happen. So we now watch it, closely. Daily, in fact.]
Now, I venture ever onward, on a lovely if icy-winded December afternoon -- must. find. soup. But grinning ear to ear, here. More holiday parties await tonight. Be excellent to one another. Pax tecum.
नमस्ते
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