Twin Updates — In Delaware, and Northern California — Regarding Merck Vs. Gilead Sovaldi® Patent Litigation

First off, in a pair of sealed letters (only the titles of which we may view — from the electronic PACER docket screens), we learn that the parties are now fighting over some emails that were allegedly inadvertently turned over in discovery. It seems that Gilead earlier turned over a cache of emails to Idenix/Merck, and now their lawyers want them back. One letter seeks to “claw back” the would-be errant emails, while the second (predictably) seeks to prevent that claw back order. We may never know what these emails actually said, but we will eventually see whether the claw back is allowed, in a public order entry.

Separately, on the other side of the nation, the date and time for motions to compel witnesses to answer — partly on those vials we discussed last month — have been reset to late in the day, Pacific time (Gilead’s reply was here). They will be heard in an after-hours session, on December 1, 2015 — in San Jose’s federal District Courthouse. I suspect the 4:45 PM PST start time is to allow for the court room to be cleared, as some of this will surely involve trade secrets, and arguments about those secrets. I’d expect that the hearing might last until nearly 8 PM, Pacific Standard Time, that evening. We will report on the outcome of both of these matters, when the electronic docket is updated. Here is the text of the california one:

. . . .CLERK’S NOTICE RESETTING TIME ON DECEMBER 1, 2015 MOTION HEARING, resetting time as to [156] MOTION to Compel regarding Dr. Alexander Clemens and [158] MOTION to Compel Plaintiff and Dr. Seeger to Comply with Discovery Requests and Subpoena: 12/1/2015 10:00 AM Motion Hearing is reset to 4:45 PM (SPECIAL SET) in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. . . .

Now you are right up to date, on the Sovaldi® patent spats. Onward!

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