Intellectual Property » Lying Lawyer Voids 0M Verdict

Lying Lawyer Voids $200M Verdict

June 13, 2016

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A former scientist who was acting as Merck & Co.’s patent attorney lied under oath, amongst other unethical practices, leading a U.S. judge to overturn a $200 million jury verdict. Because of the ruling, Gilead Sciences Inc. will no longer have to pay damages for infringing Merck’s patent over groundbreaking Hepatitis C drugs. Gilead proved to U.S. District Judge Beth Labson Freeman that, in the process of applying for its patents, Merck deceptively used confidential information from a company that Gilead acquired in 2011. “Merck’s acts are even more egregious because the main perpetrator of its misconduct was an attorney,” Freeman said. Merck said the judge’s ruling “does not reflect the facts of the case,” and it will appeal. Gilead, which made $23 billion on the drugs in the U.S. alone over the last two years, was facing demands from Merck that it pay an ongoing royalty of at least 12 percent of all future sales of the drug.

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