Judge Tosses $200M Patent Verdict; Cites In-House Lawyer Misconduct
A federal judge found a pattern of misconduct by Merck & Co., including lying under oath and other unethical practices, freeing Gilead Sciences Inc from paying any damages for infringing Merck’s patents with its lucrative treatments for hepatitis C, Sovaldi and Harvoni, according to a Reuters report.
The ruling follows a March 24 jury verdict that ordered Gilead to pay $200 million in damages, based on findings that Merck’s patents were valid.
In this week’s ruling, U.S. District Judge Beth Labson Freeman said Merck deceptively used confidential information from Pharmasset, Inc, a company Gilead bought in 2011.
“Freeman also said Merck cannot enforce the patents because Merck’s own lawyer gave inconsistent and untruthful testimony during the trial. ‘Merck’s acts are even more egregious because the main perpetrator of its misconduct was its attorney,’ she said,” reports .
