Will $2.5Bn Jury Verdict Against Gilead Stand? Future Royalties, Willful Infringement Penalty Uncertain
Gilead is appealing a jury finding that it must pay Merck 10% royalty on sales of Sovaldi and Harvoni through August 2016; judge could find the firm owes treble the amount for willful infringement.
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Gilead scored a victory in its patent dispute with Merck, in which the latter company was accused by a federal judge of egregious misconduct and being guilty of "unclean hands," and therefore, could not collect the $200m jury award the company had earlier won.
A jury in the US District Court for the Northern District of California, which decided earlier in the week that Gilead Sciences Inc. infringed two of Merck & Co. Inc.'s hepatitis C drug patents, determined on March 24 that Gilead should pay its rival $200m – a sum much lower than what Merck sought when the companies' patent dispute began in 2013.