No Summary Judgment For Gilead, On Lack Of Description/Claim Construction, To Avoid Trial In Delaware

It has been a rather busy early week in (the quite capable) Chief Judge Stark’s District courtroom in Wilmington, in the federal District for Delaware.

Overnight he issued a few orders and memorandum opinions, in this Hep C cure patents fight. The upshot (in my estimation) is this: it doesn’t mean that this case will go to trial, by any stretch, but it does mean that it will not be disposed of purely as a matter of law. There are factual questions about claim construction — and putative invalidity for lack of a clear written description — that remain disputed, and inappropriate for summary judgment. Those are likely to be jury questions, should the parties fail to settle, pre-trial.

Here is the most substantive 20 page opinion, as a PDF file. Do go read it all, for it is in a real sense Part III of the narrative we’ve been following, this week, as to these two titans.

BTW, I am working alternate site, today — so I may blog more than usual. Grin. . .

And. . . this is post number 4,000, here in the modern iteration of this blog. . . smile. . .



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