Merck handed $200m in Gilead hepatitis C row

Gilead has been ordered to pay Merck $200 million in damages following a trial that found it had infringed patents covering hepatitis C treatments.

The damages award, announced on Friday, March 25, related to an earlier ruling from March 22 which found that Merck’s patents covering the active ingredient in hepatitis C drugs were valid.

The trial, which took place at the US District Court for the Northern District of California, stemmed from a 2013 lawsuit filed by Gilead.

Gilead claimed Merck’s two patents, which centre on the sofosbuvir compound, should be declared invalid before Merck claimed blockbuster drugs Harvoni (ledipasvir/sofosbuvir) and Sovaldi (sofosbuvir) infringed its patents.

Gilead said that the patents were not specific enough to cover its drugs.

Merck, which filed a counterclaim of infringement, had demanded $2 billion in damages and royalties related to sales.

The trial has yet to determine whether Gilead should be held liable for paying royalties based on infringing sales.

A spokesperson for Merck said the jury’s verdict upholds patent protection that is essential to the development of new medical treatments.

Separately, Merck recently began selling hepatitis C drug Zepatier (elbasvir and grazoprevir).