And, In Delaware District Court — On The Sovaldi® Patent Litigation. . .

MRK-Gilead-Patent-2015 Yet another discovery dispute — in the same batch of patent disputes — has risen to the level of requiring judicial intervention. [More often than not, the parties and their lawyers try to work out agreements — to avoid involving the judge in petty rule interpretation matters; but occassionally, the dispute cannot be resolved that way. These — yesterday and today — are two of those times.] Yesterday we mentioned the newly disclosed vials of what might be the pro-drug in question, dating back to 1992 — that was in California federal District Court. Today, an electronic order entered appears in Delaware federal District Court — entered by the very able Judge Stark. Today’s oral order doesn’t indicate what the dispute is about — but it wouldn’t shock me to learn that it is related to yesterday’s motion in California.

Here it is — the hearing/teleconference date is scheduled right before Thanksgiving:

. . . .ORAL ORDER:

After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter. . .

IT IS HEREBY ORDERED that a teleconference is scheduled for November 23, 2015 at 2:15 p.m. Counsel for the party seeking relief shall initiate the teleconference call to 302-573-4571.

IT IS FURTHER ORDERED that not later than November 16, 2015, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than November 18, 2015, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party’s reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it.

Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference.

ORDERED by Judge Leonard P. Stark on 10/27/15. . . .

Onward — we will keep the readership informed. Looks like our Commander in Chief, and King James, will be on West Madison tonight. Excellent!

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