No Surprise, Here: Merck Must Pay Gilead’s Attorneys’ Fees — But How Much? $14 Million? — $10 Million?

As our graphic of last week indicated, at right — this was expected. Now the order has entered.

It would be wise for Merck to offer to pay a substantial portion of the submitted detailed, task based bill — and avoid more legal spend, on all sides. My guess is it is closer to $13 million, than $10 million, if the able Judge is forced to rule. Here’s the end of today’s order:

. . . .For the foregoing reasons, IT IS HEREBY ORDERED that Gilead’s motion for attorneys’ fees is GRANTED.

The parties shall meet and confer on a reasonable and appropriate briefing schedule regarding the amount of fees that should be awarded to Gilead. The parties shall submit a proposed stipulated briefing schedule on or before August 18, 2016. . . .

Merck will of course appeal on the underlying issue(s), but offering to pay now, should it lose on appeal — that just makes economic sense (i.e., stop the legal clocks) — rather than piling up more spend. But what do I know?

Smile. . . . time to nod off, with two Simones (a gymnast; and a sprint swimmer) showing why each is the envy of the world — less than 20 minutes, and 20 hours ago — respectively. Sweet.


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