Author Archives: Warren Woessner

“Unclean Hands” Doctrine Erases Merck’s Damage Award

Posted on June 16, 2016 by Warren Woessner

In my last post on the district court’s ruling in Gilead v. Merck, I implied that Gilead had convinced the Judge that Merck had employed inequitable conduct (“IC”) in conducting its negotiations with Pharmasset, the company Gilead later purchased to … Continue reading →

Posted in Doctrine of Equivalents | Tagged , , , , , , , | 1 Comment

Supreme Court Rewrites the Law of Enhanced Damages

Posted on June 14, 2016 by Warren Woessner

This is a guest post by Janice M. Mueller of Chisum Patent Academy. Today the Supreme Court rewrote the law of enhanced damages for willful patent infringement by issuing a unanimous decision in No. 14-1513, Halo Elecs., Inc. v. Pulse … Continue reading →

Posted in Damages, Inequitable Conduct/Rule 56, Infringement | Tagged , , , , , , , | Leave a comment

Merck’s Solvaldi® Patents Unenforceable for Egregious Misconduct

Posted on June 13, 2016 by Warren Woessner

In Gilead Sciences, Inc. v. Merck & Co., Inc., Case No. 13-cv-04057-BLE (N.D. Cal., June 6, 2016), Judge Beth Freeman, sitting in equity, found that the record compelled a finding that Merck and its employee “D” had obtained asserted patents … Continue reading →

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Due May 24 — Comments On Improving Patent Quality Metrics

Posted on May 23, 2016 by Warren Woessner

Many patent attorneys received a notice recently, copied below, alerting them to efforts by the US Patent Office to improve patent quality. The notice references a “Master Review Form”. A preliminary version can be found at: http://www.uspto.gov/sites/default/files/documents/MRF.pdf Not only does … Continue reading →

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