Mimesis Law
18 September 2020

The Merck – Gilead Verdict Drops| Markman Minute

Apr. 9, 2016 (Mimesis Law)- The verdict for the Merck and Gilead case has finally arrived, but the details are a little surprising. Gaston Kroub and Lee sit down to hash out all the details and see if they can predict what this will mean going forward.

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  • Markman Note: Merck Strikes Out Against Gilead
    28 June 2016 at 10:00 am - Reply

    […] June 28, 2016 (IP Flow) — The patent game is a hard one, even when you are a patent owner with unlimited resources and plenty of prior experience. Merck recently learned this lesson, when it tried to assert a pair of patents against Gilead, purveyor of the blockbuster Hepatitis C treatments Solvadi and Harvoni. These drugs generate billions of dollars in sales, and even though Merck offers a competing Hepatitis C treatment, Gilead is far and away the market leader. What Merck hoped was that its patents would lead to Gilead on the hook for royalty payments.  In fact, this lawsuit was potentially one of the most valuable patent lawsuits ever, considering Merck’s demand for 10% of all revenue Gilead generated from its Hep C treatments. But Merck ended up walking away with nothing. While that is not an unusual result in a patent case, the circumstances of Merck’s defeat were not typical. See our discussion on this matter here. […]