Bloomberg Law
June 7, 2016, 9:47 PM UTC

A Merck Lawyer’s ‘Failed Memory Rings Hollow,’ Judge Rules

Gabe Friedman
Freelancer

Having a judge say you committed serious patent infringement never looks good.

But it looks better than a judge accusing you of “egregious misconduct,” which is what happened on Monday in a patent dispute between Merck & Co and Gilead Sciences.

In the case, a federal judge in San Jose voided a $200 million patent infringement verdict from earlier this year that a jury awarded Merck against Gilead related to royalties on two drugs, Harvoni and Sovaldi.

As Bloomberg reported , U.S. District Judge Beth Labson Freeman wrote in her ruling that an in-house patent prosecutor for Merck “intentionally fabricated testimony” and Merck supported his ...

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