New Patent Interference Suit Filed In Delaware Federal Court Overnight — Idenix, For Merck

In the ongoing, potentially multi-billion dollar patent war — over Sovaldi® — Merck’s proxy, Idenix, has filed yet another new lawsuit, overnight.

This one seeks a determination on patent interference, alleging that the patent authorities entered an erroneous earlier decision in favor of the entities and inventors now controlled by Gilead. Near as I can tell, the patent authorities relied, without prejudice, on a Canadian determination which is at the heart of Merck/Idenix’s claim of error. Merck seeks a declaration that it (through Idenix) owns the patentable invention here. So on we go. Here is the entire 14 page complaint (a PDF file), and a bit:

. . . .Pursuant to 35 U.S.C. §146, Plaintiffs have elected to file suit in this Court to review and reverse the PTAB’s decisions and Judgment and to decide all issues relating to the ’981 Interference. As of this date, Plaintiffs have not sought review of the PTAB’s Decisions by the United States Court of Appeals for the Federal Circuit. . . .

The PTAB erred in its decisions in the interference, including in rulings in the Motions Decision and the PTAB’s January 21, 2014, January 28, 2014, and February 27, 2014 Orders. . . .

The PTAB’s decisions, rulings and Judgment in the ’981 Interference are erroneous and, based on the record before the PTAB and any additional evidence Plaintiffs may introduce in this action, Plaintiffs are entitled to judgment correcting the erroneous decisions and Judgment of the PTAB. . . .

A jury trial has been demanded. We will keep you informed.

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