Gilead Has Renewed Its Motion To Invalidate Merck’s Patents On Sofosbuvir

No surprises here, but as post-trial motion practice, proper, wraps up in the Northern District of California’s federal courthouse, before the very able Judge Labson-Freeman — on the Sovaldi®/Harvoni® patent battles — Gilead has renewed its post bench-trial motion for a ruling that (as a matter of law) Merck’s patents are invalid as (i) merely derivative of other prior art, or (ii) due to prior invention by others.

It will be a bit yet before the briefs are all filed, but as I’ve long said — it is very far from certain that Merck will ever see even a portion of the jury’s earlier award, in this litigation. Here’s the bit, from an overnight electronic filing available in PACER:

. . . .Gilead requests judgment that U.S. Patents Nos. 7,105,499 and 8,481,712 are invalid due to derivation under 35 U.S.C. § 102(f). Gilead further requests judgment that U.S. Patents Nos. 7,105,499 and 8,481,712 are invalid due to prior invention under 35 U.S.C. § 102(g). In the alternative, Gilead seeks a new trial on whether U.S. Patents Nos. 7,105,499 and 8,481,712 are invalid due to derivation and prior invention. . . .

As another work-week draws to a close, do go home, and be excellent to one another. Colorado family in town, so much fun ahead. . . smile.

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