Tuesday, August 15, 2017

I'm Tardy With This: Merck Has Appealed The Gilead Legal Fees Award To The Federal Circuit...

Just as we said it might (back in December 2016), Kenilworth has now appealed to the Federal Circuit in DC -- on the issue of the amount of legal fees awarded to Gilead, as a result of Merck's former counsel's "unclean hands". It happened while I was busy on Friday, past. Here is the notice of appeal, as a three page PDF file.

In addition, recall that Merck has appealed to the Ninth Circuit as to the overall disallowance of the $200 million patent damages award, in California's Northern District -- by the able Judge Labson-Freeman. Finally, these same parties are on appeal in Delaware, from Merck's $2.54 billion award, against Gilead. Here's the bit:

. . . .Merck. . . hereby appeal[s] to the United States Court of Appeals for the Federal Circuit from the Order Regarding the Amount of Reasonable Attorneys’ Fees entered in this action on July 14, 2017 (D.I. 489); and any and all adverse rulings (whether oral or written) incorporated in, antecedent to, or ancillary to the Order; and any and all adverse interlocutory orders, judgments, decrees, decisions, rulings, and opinions (whether oral or written) that merged into and became part of the Order, that shaped the Order, that are related to the Order, and upon which the Order is based; including, but not limited to, the Court’s Order Regarding Gilead’s Entitlement to Attorneys’ Fees Pursuant to 35 U.S.C. § 285 (D.I. 457), entered on August 11, 2016, and the Court’s Order Awarding Total Amount of Attorney Fees and Staying Enforcement of Orders on Fees and Costs (D.I. 492), entered August 2, 2017. . . .

Now you know. And in truth, I am beaming this morning, and not just because sweet Cassini has survived another ring plunge, skimming the cloud tops of mighty Saturn. . . .

I am beaming, because I think the tide has turned. I think the leaders of some big powerful businesses are finally calling Mr. Trump out for who he is -- and what he does (and fails to do). And that will be good for our democracy in the longer, and shorter runs. Though there is sure to be more disruption in that near term -- and some of that may be. . . violent. It all starts with Mr. Trump's abject failure -- to lead.

For my part, I am at ease with the notion that Mr. Trump's manifold failures to lead have now led to protesters pulling down Confederate memorial statues around the nation, of their own volition -- when and where they can safely do so. As with civil rights marchers in the 1960s, they will be subject to arrest -- and must accept the consequences of taking an unlawful course of action.

All the while, American history is now marching right past this "lost boy" of a non-popularly elected president. He is increasingly. . . irrelevant. And I am smiling about that as well.


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