Lessons From The Largest Patent Damages Award In History

By Barry Herman, Womble Carlyle Sandridge & Rice LLP (January 20, 2017, 10:42 AM EST) -- By now, most everyone in the patent community has heard about the $2.54 billion jury verdict in a battle over Hepatitis C medication that resulted from a jury trial in December 2016. In Delaware federal district court, Idenix Pharmaceuticals Inc. (now owned by Merck & Co. Inc.) and Gilead Sciences Inc. faced off in a patent trial roughly three years after Gilead introduced its blockbuster Hepatitis C drugs, Sovaldi and Harvoni.

While a case such as this will certainly be litigated further in post-trial motions and eventually on appeal to the Federal Circuit, I was very curious to understand how the...

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