Tuesday, May 23, 2017

Post Trial Hearings -- On Merck's $2.54 Billion Patent Win -- Now Set For August 31, 2017

Regular readers will recall the less than three hour deliberated, $2.54 billion verdict on matters patent, entered on December 15, 2016 against Gilead, and in favor of Merck's acquired sub Idenix. [Earlier background on post-verdict matters, here. And the briefs, here.]

Many will also recall that in late February, Merck filed an SEC Form 8-K disclosing a nearly $3 billion charge -- on a closely-related Idenix acquired Hep C molecule -- which charge/write-off will likely set-off (on a cash-flow basis) any taxable income, from any final order paying the $2.54 billion above -- if it should ultimately be enforced against Gilead -- after all appeals run out.

Below is yesterday's post-trial scheduling order -- entered by the able federal District Court Judge Stark, in Wilmington, Delaware, yesterday:

. . . .ORAL ORDER: Having reviewed the parties' letters regarding post-trial matters (see, e.g., D.I. 568, 569), IT IS HEREBY ORDERED that:

(i) the Court will hold a hearing on August 31, 2017 beginning at 10 a.m.; and

(ii) no later than May 26, 2017, the parties shall file a joint status report indicating (in addition to anything else they wish to advise the Court) the number of hours they request for their presentations at the forthcoming hearing, whether they request the opportunity to present live witness testimony at the hearing, and the basis (should there be any) for opposing a request to present evidence at the hearing.

ORDERED by Judge Leonard P. Stark on 5/22/17. . . .

Again, now you know. . . and as I post this, lil' Cassini is completing another plunge (a fifth dive), into the void between mighty Saturn's rings.

There now she twists, smiling mysteriously, and spinning to conceal her true purpose (and avoid being bashed by any of his micron-sized stray effluvia, too!) -- as she enters the shrouded-sleeping-tent of Lord Saturn, and uncovers all his scientific secrets -- plying him, with her long copper-legged dance -- a dance of clearly unwasted grace. . . all rather poetic, offered in metaphors far afield, from regular space science reporting, no?

I for one, plainly think so. . . smile -- and g'night now, to all you lil' polished river rocks, of good will and good cheer
. . . .


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