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Drug Makers, Professors Ask Justices to Review Merck Patent Loss

Nov. 17, 2020, 10:46 PM

An attempt by Merck & Co.’s Idenix to salvage a record $2.5 billion patent verdict at the U.S. Supreme Court has gotten the backing of two major drug companies and more than a dozen intellectual property professors.

Idenix asked the justices in late September to review a decision from the U.S. Court of Appeals for the Federal Circuit finding its patent on a hepatitis C treatment is invalid. The Federal Circuit affirmed a trial court ruling that negated the $2.5 billion verdict against Gilead Sciences Inc. It was the largest patent verdict in U.S. history.

The IP professors ...