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Judge: It all depends on point of view

Source: Grill IP patents news

Gilead_MerckTwo pharmacological сorporations, Merck from New York and Gilead from California, have crossed swords. Both companies have filed lawsuits in court for copyright infringement, and each side is absolutely sure it is right. Gilead says that it invested millions of dollars in a risky research of a medicine for the treatment of hepatitis C. This included expenses on the research in labs, and testing the drug on volunteers in different countries. The basic principle of the treatment, experts of Gilead says, was found in Pharmasset research center, which, in turn, was bought together with all the developments by the Californian titan.

While Merck insists that the method has been developed and patented by experts from Merck, and as the main argument the company prodused in court two patents – №7,105,499 and №8,481,712, which describe the basic principles of the method.

But the fact is that these patents without thorough testing and full-scale studies can not be a reason to use the method in the treatment of patients with hepatitis C. The Ministry of Health would not issue a certificate for this. And Merck has not conducted these studies. Plus, the main component of the method, namely the nucleotide called Sofosbuvir, was found in Pharmasset, which is now owned by Gilead.

For the judges the situation seems a stalemate. On the one hand, the patents and, therefore, the priority in the discovery of the method, belong to Merck, on the other – this certificate for the use and discovery of the basic nucleotide is a merit of Gilead. From one point of view, one side is right, from the other – another. And the court has decided to make a compromise, and asked Gilead, which, according to the experts, got more than 20 billion dollars, to pay Merck a royalty of 4% of this amount.

However Gilead strongly disagrees, and the struggle is continuing. Whose point of view will prevail, only the last judge in this chain of judges knows. But it is unclear who will be the one.


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Author: grill-ip

Grill IP is a non-profit project for educational and entertaining purposes only. Our aim is to provide quick and easy access to aggregated and original patent news, IP analysis, interesting business cases in IP, basic legal updates and a list of patent transactions.

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