Gilead Sciences Inc on Wednesday will attempt to wipe out $200 million in damages for infringing two Merck & Co patents with its blockbuster hepatitis C treatments by claiming that Merck was dishonest in obtaining the patents, an argument that attorneys say could be difficult to prove.
A bench trial on Wednesday will pit Gilead's Fish & Richardson attorneys against Merck's lawyers from Williams & Connolly, on Gilead's claim that Merck has "unclean hands" because it used Gilead's technology in its own patent applications and so should be precluded from enforcing its patents. Merck says the jury has already found that its patents are valid, foreclosing any unclean hands defense.
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