Merck’s subsidiary wins $2.5bn patent verdict against Gilead Sciences

A jury in the US District Court for the District of Delaware ordered Gilead Sciences to pay $2.54bn in damages to Merck’s subsidiary Idenix Pharmaceuticals for infringing its patents in developing hepatitis C drugs.

The patent details methods used to develop sofosbuvir-based medicines for the treatment of patients with hepatitis C virus (HCV) infection, including Sovaldi and Harvoni.

The jury’s verdict upholds patent protections that are essential to the development of new medical treatments. Given that it guarantees a period of return on investment, patent protection provides the research-based pharmaceutical and biotechnology industries with an incentive to invest in research and development.

The patent at issue in this case facilitated significant advances in the treatment of patients with HCV infection and was appropriately granted. Achieving these advancements required many years of research and significant investment by our subsidiary and its partners.

The jury awarded the damages as compensation for infringement through August 2016. In its decision, the jury also concluded that Gilead “willfully” infringed upon the patent.

As a result, Judge Leonard P. Stark, may, at his discretion, increase the damages award up to a multiple of three times.