Justices Reject Merck Bid To Revive $2.5B Patent Verdict

Law360 (January 19, 2021, 9:44 AM EST) -- The U.S. Supreme Court on Tuesday refused to review a ruling that wiped out a Merck & Co. unit's $2.5 billion patent verdict, the largest in history, rebuffing the company's argument that the Federal Circuit improperly invalidates patents that cover a broad range of chemical compounds.

The justices denied a cert petition by Idenix Pharmaceuticals LLC challenging a decision invalidating its patent on a hepatitis C treatment that a jury told Gilead Sciences Inc. to pay billions for infringing.

The appeals court upheld a judge's finding that the patent did not enable a skilled person to make and use the invention,...

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