Delaware Judge Reverses $2.5B Verdict Against Gilead, Invalidates Idenix Hepatitis C Treatment Patent

February 23, 2018

Delaware District Court Judge Leonard Stark has granted, in part, a renewed judgment as a matter of law for defendant Gilead Sciences, upsetting the largest patent infringement award ever returned by a jury. Judge Stark held invalid for lack of enablement the asserted claims of an Idenix patent that Gilead had been found to infringe through its Hepatitis C treatment sofosbuvir. That December 2016 infringement verdict included a record-setting $2.5B damages award, an amount that Judge Stark declined to revisit in the decision just handed down, holding that the damages calculation itself, returned by a jury that had (incorrectly) found the claims of the patent-in-suit enabled, had been supported by sufficient evidence.

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