Tag Archives: Merck

Fed. Cir. Affirms Unclean Hands Defense in Gilead v. Merck

Posted on April 30, 2018 by Warren Woessner

On April 25th, a Fed. Cir. panel of Judges Taranto, Clevenger and Chen affirmed the unenforceability of two Merck patents covering a drug presently marketed as Sovaldi(r) to treat hepatitis C, sofosbuvir. Gilead Sciences, Inc. v. Merck & Co., Appeal … Continue reading →

Posted in Inequitable Conduct/Rule 56 | Tagged Federal Circuit, Gilead, Gilead v Merck, Litigation Issues, litigation misconduct, Merck, unclean hands | 1 Comment

Merck’s Solvaldi® Patents Unenforceable for Egregious Misconduct

Posted on June 13, 2016 by Warren Woessner

In Gilead Sciences, Inc. v. Merck & Co., Inc., Case No. 13-cv-04057-BLE (N.D. Cal., June 6, 2016), Judge Beth Freeman, sitting in equity, found that the record compelled a finding that Merck and its employee “D” had obtained asserted patents … Continue reading →

Posted in Inequitable Conduct/Rule 56 | Tagged biotechnology, biotechnology law, Federal Circuit, Gilead Sciences, intellectual property, ip, Merck, Patent Law, patents, Warren Woessner | 2 Comments

Bristol-Myers Squibb v. Merck – Mayo/Alice Rule Reaches Medical Treatment Methods.

Posted on April 1, 2016 by Warren Woessner

In Bristol-Myers Squibb v. Merck, Civil Action No. 150572-GMS (D. Del., 2016), Bristol-Myers sued Merck for inducing infringement of U.S. Pat. No. 9,073,994. Claim 1 reads: “A method of treating a metastatic melanoma comprising intravenously administering an effective amount of … Continue reading →