Merck’s Wholly Owned Subsidiary Idenix Pharmaceuticals, Inc. Awarded $2.54 Billion for Infringement of a Hepatitis C Drug Patent
December 15, 2016 5:08 pm ET
KENILWORTH, N.J. – Merck (NYSE: MRK), known as MSD outside the United States and Canada, today announced that a jury in the United States District Court for the District of Delaware ordered Gilead Sciences, Inc. to pay $2.54 billion in damages for infringing upon an Idenix Pharmaceuticals, Inc. patent for 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.
About Merck
For 125 years, Merck has been a global health care leader working to help the world be well. Merck is known as MSD outside the United States and Canada. Through our prescription medicines, vaccines, biologic therapies, and animal health products, we work with customers and operate in more than 140 countries to deliver innovative health solutions. We also demonstrate our commitment to increasing access to health care through far-reaching policies, programs and partnerships. For more information, visit www.merck.com and connect with us on Twitter, Facebook, YouTube and LinkedIn.
Forward-Looking Statement of Merck & Co., Inc., Kenilworth, N.J., USA
This news release of Merck & Co., Inc., Kenilworth, N.J., USA (the “company”) includes “forward-looking statements” within the meaning of the safe harbor provisions of the U.S. Private Securities Litigation Reform Act of 1995. These statements are based upon the current beliefs and expectations of the company’s management and are subject to significant risks and uncertainties. If underlying assumptions prove inaccurate or risks or uncertainties materialize, actual results may differ materially from those set forth in the forward-looking statements.
Risks and uncertainties include but are not limited to, general industry conditions and competition; general economic factors, including interest rate and currency exchange rate fluctuations; the impact of pharmaceutical industry regulation and health care legislation in the United States and internationally; global trends toward health care cost containment; technological advances, new products and patents attained by competitors; challenges inherent in new product development, including obtaining regulatory approval; the company’s ability to accurately predict future market conditions; manufacturing difficulties or delays; financial instability of international economies and sovereign risk; dependence on the effectiveness of the company’s patents and other protections for innovative products; and the exposure to litigation, including patent litigation, and/or regulatory actions.
The company undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events or otherwise. Additional factors that could cause results to differ materially from those described in the forward-looking statements can be found in the company’s 2015 Annual Report on Form 10-K and the company’s other filings with the Securities and Exchange Commission (SEC) available at the SEC’s Internet site (www.sec.gov).
# # #
