Merck (MRK -0.5%) has failed in its appeal of a ruling by a Delaware judge overturning a $2.54B judgement against Gilead Sciences (GILD -0.2%) in 2016 for the alleged infringement on a hepatitis C virus patent (U.S. No. 7,608,597) owned by Idenix, acquired by Merck in 2014, by Hep C drugs Sovaldi and Harvoni. Idenix sued Gilead in 2013 in an effort to block the launch of Sovaldi.
The judge overturned the initial award, ruling that the Idenix patent was invalid, citing the failure to meet a requirement that it disclose how to make and use the covered treatment without undue experimentation.
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