Gilead 'Rewriting' History To Save $2.5B IP Win, Justices Told

Law360 (January 4, 2021, 9:43 PM EST) -- A Merck & Co. unit is fighting against Gilead Sciences Inc.'s arguments that the Federal Circuit correctly wiped out a $2.54 billion patent verdict it won against Gilead, telling the U.S. Supreme Court that Gilead's characterization of the ruling "rewrites the Federal Circuit's jurisprudence."

In a Dec. 30 reply brief, Idenix Pharmaceuticals LLC said the Federal Circuit got it wrong when it set a categorical rule that "genus claims" that cover a large number of chemical compounds cannot be patented. The appeals court's ruling has "devastating consequences for fields like biotechnology and pharmaceuticals," it said.

But Gilead, in its response last...

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