Solvaldi®/Harvoni® Patent Infringement (Jury) Award Is In; Now We Await The Judge’s Remittitur — If Any

As I said just this afternoon, it will be a few years from now, before Gilead pays anything — but now $200 million is likely the absolute maximum. That amount will not be material to Gilead, or to Merck. Just as I said. But it is some good news for Kenilworth, just the same.

Now we wait to see if the able trial judge orders a remittitur (a fancy word for a reduction), to the amount, after bench (judge only) hearings, in the coming week or two. The number may come down from here, but isn’t likely to go up. And Gilead will appeal — so we are either going to see a quiet settlement, or some two years from now, the beginnings of small payments, over time. That’s my guess.

Here’s a bit — from Reuters, then:

. . . .The damages award is far less than the $2 billion Merck had demanded. On Tuesday, the same jury in San Jose, California, upheld the validity of the patents, which lie at the heart of the dispute over Gilead’s blockbuster drugs, Sovaldi and Harvoni. Together the medicines had more than $20 billion in U.S. sales in 2014 and 2015.. . .

Do travel safely, and travel lightly, if you are traveling — over this holiday weekend. Namaste.


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