Federal Judge: Merck Patents Unenforceable Due To Unclean Hands

(June 8, 2016, 12:49 PM EDT) -- SAN FRANCISCO — Although a patent infringement defendant failed to show that Merck & Co., Merck Sharp and Dohme Corp. and Isis Pharmaceuticals Inc. (Merck, collectively) waived their right to enforce two patents against a competitor, a “pervasive pattern” of “unconscionable” conduct by Merck renders the patents unenforceable, according to a June 6 ruling by a California federal judge (Gilead Sciences Inc. v. Merck & Co., et al., No. 13-4057, N.D. Calif.; 2016 U.S. Dist. LEXIS 73595).

(Decision available. Document #16-160620-007Z.)

In so concluding, U.S. Judge...
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