It seems that Merck & Co is facing a critical situation as the U.S. appeals court dismissed the earlier $2.54 Billion jury verdict, which was won by the firm against Gilead Sciences. The decision of a federal judge in Delaware which highlighted the invalidity of Merck’s patent at issue in the case was supported by the U.S. Court of Appeals for the Federal Circuit.
After this verdict, Gilead showed the satisfaction with this decision and stated that the firm is certain it would get the same results if the decision of this case is challenged further. In a 2016 judgment, the jury had said that hepatitis C drugs Harvoni and Sovaldi from Gilead breached the patent, which was purchased by Merck at the time of Idenix Pharmaceuticals’ acquisition. In a U.S. patent case, peers ordered that Gilead will have to pay the amount of $2.54 Billion for breaching the patent. However, in 2018, this decision was canceled by a federal judge in Delaware stating that firstly the Merck patent should not have been approved as it was not able to comply the requirement that it should reveal how to make the treatment it covered without unjustified trialing. The appeals court in the recent split decision stated that it supported that decision.
On a similar note, Merck & Co recently disclosed the plans to accelerate its highest-selling vaccine Gardasil’s production in 2023. At the same time, the company alerted about a drop in the upcoming year’s returns growth as the demand for the therapy outpaces supply. On a conference call with analysts, Merck’s Chief Financial Officer Robert Davis stated, “We expect moderate growth rates for the product vs. what we reported for the last 2 Years.” The firm said that there will be a strong market for Gardasil, a vaccine manufactured by the firm to avoid cancer due to human papillomavirus, and noteworthy growth potential outside the U.S. region.