Update: Gilead/Merck Patent Post Trial Matters Likely Moved To September 2017 Date…

After the telephonic status today — and a review of the report prepared in Wilmington, Delaware’s federal District courthouse, we learn that the August 31 date presents a conflict for Gilead’s counsel. Given the $2.54 billion stakes here, I am certain the able judge will select a date to accommodate Gilead’s counsel.

More substantively, we learn that the parties have agreed to postpone arguments about on-going royalties calculation(s) until all appeals have concluded. No point in doing double (i.e., wasted) work, if the decision is modified in material respects on appeal — as many patent verdicts are. Here’s the bit — and the full three pager (as a PDF):

. . . .Consistent with Gilead’s prior request [D.I. 536 at 25], the parties now jointly request that the Court stay consideration of Idenix’s post-trial motions for (i) ongoing royalties on Sovaldi® and Harvoni® and (ii) all royalties on Epclusa® (i.e., damages through the date of judgment and ongoing royalties) until after the conclusion of any appeal in this case. . . .

Gilead’s counsel has a conflict on August 31, 2017, and requests that the Court reschedule the hearing to an available date in September if possible. Idenix does not oppose rescheduling the hearing to an alternative date as the Court’s schedule permits. . . .

Onward — to a wonderful weekend. Do be safe — even if silent — one and all.



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