Gilead Rips Merck's New Bid To Restore $2.5B Patent Verdict

By Mike LaSusa (April 9, 2020, 11:32 PM EDT) -- Gilead Sciences Inc. urged the Federal Circuit on Thursday to nix a Merck & Co. subsidiary's bid for the full court to review a panel decision that wiped out a $2.5 billion verdict in a patent dispute, calling the Merck unit's "attacks" on the panel's ruling "an exercise in selective omission."

Gilead said the panel's 2-1 precedential ruling in October was "an exceedingly poor candidate for en banc review" because the majority correctly applied the law to the "largely undisputed" facts of the case. Further, Gilead said, Merck unit Idenix Pharmaceuticals LLC's bid for en banc review largely ignores most of the panel's...

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