Judge Tosses $200 Million Verdict After Finding Merck Misconduct

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A Northern California federal judge has tossed out a Merck $200 million jury verdict against Gilead Sciences after finding misconduct by the company and one of its expert witnesses. The case, Gilead Sciences v. Merck & Co., involved assertions by Merck that two of its patents cover sofosbuvir, and that Gilead’s sales of Sovaldi and Harvoni, which contain the active ingredient sofosbuvir, infringed those patents.

In March, after an an eight-day trial, a jury found that the patents were not invalid, and awarded Merck $200 million in damages for sales of Sovaldi and Harvoni. After the verdict, Gilead presented additional evidence that showed the witness, a now-retired Merck scientist, offered “dishonest and duplicitous testimony” that led the jury to rule on Merck’s behalf. The judge ruled that the new evidence “reflects a pervasive pattern of misconduct by Merck and its agents constituting unclean hands, which renders Merck’s ’499 and ’712 Patents unenforceable against Gilead.”

Merck says it will appeal the decision.

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