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Merck Unit Loses $2.5B Verdict As Hep C Patent Invalidated

Law360 (February 16, 2018, 9:38 PM EST) -- A Delaware federal judge dismantled a Merck & Co. unit’s $2.5 billion jury verdict win over Gilead Sciences Inc. in an infringement suit over a hepatitis C drug patent, finding Friday that the patent’s claims weren’t specific enough for an experienced scientist to successfully re-create the formula.

U.S. District Judge Leonard P. Stark ruled that Idenix Pharmaceuticals LLC’s patent for an element of a hepatitis C treatment wasn’t “enabled,” meaning that a person of ordinary skill in the art of drugmaking couldn’t follow the instructions in...
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