Q: Might Merck Lose Some Or All Of The $200 Million Jury Award, From Gilead?

< As we have indicated for many weeks now, we do not expect that Kenilworth will collect all of its putative federal District Court jury award, in the Northern District of California, from the various Gilead patent spats.

While I don’t regard the allegedly false statements under oath as central to the issue of whether Merck’s patents are valid, I do think the able Judge Labson-Freeman is encouraging Merck to take half a slice of pie, or risk receiving none at all. We shall see — but perjury is a very strong word. Here is yesterday’s minute entry, in full:

. . . .Minute Entry for proceedings held before Hon. Beth Labson Freeman:

Motion Hearing held on 4/29/2016.

[403] STIPULATION WITH PROPOSED ORDER Regarding Schedule for Motions and Briefing on Judgment As A Matter of Law filed by Gilead Sciences, Inc.,

[333] MOTION for Judgment as a Matter of Law under Rule 50(a) filed by Gilead Sciences, Inc.,

[406] MOTION for Judgment as a Matter of Law Under Fed. R. Civ. P. 50(b), or in the alternative for a New Trial Under Fed. R. Civ. P. 59, On Gilead’s Derivation and Prior Invention Defenses filed by Gilead Sciences, Inc.,

[298] MOTION Gilead’s Motion to Have Undisputed Facts Read to the Jury filed by Gilead Sciences, Inc.,

[400] MOTION for Judgment on Partial Findings Under Fed. R. Civ. P. 52(c) filed by Gilead Sciences, Inc.,

[410] MOTION to Strike MERCKS UNTIMELY ARGUMENT AND EVIDENCE DEFENDING THAT PERJURY OR TO REOPEN THE RECORD TO FURTHER ADDRESS DR. DURETTE’S PERJURY filed by Gilead Sciences, Inc.,

[372] MOTION for Judgment as a Matter of Law under Rule 50(a) filed by Gilead Sciences, Inc.

The Court takes the matters under submission, written order to follow.

Total Time in Court: 55 minutes.

Court Reporter Name: Irene Rodriguez.

Plaintiff Attorney: Jonathan Singer, John Farrell.

Defendant Attorney: Bruce Genderson, Stephen Rabinowitz, Jessamyn Berniker. . . .

A more substantive one will be up shortly, on Pfizer’s foreign currencies exchange experiences in Q1 2016 — and what it might mean for Merck, in turn, come Thursday’s earnings announcement and call. Smiling — on a flawless morning walking in, here. . . .

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