In a decision that will certainly be appealed, a judge ruled that in-house lawyer misconduct will result in a company losing out on quite a hefty sum:
“A U.S. judge on Monday found a pattern of misconduct by Merck & Co including lying under oath and other unethical practices, freeing Gilead Sciences Inc from paying any damages for infringing Merck’s patents with its lucrative treatments for hepatitis C…The dramatic ruling comes after a federal jury in San Jose, California, on March 24 ordered Gilead to pay $200 million in damages, based on findings that Merck’s patents were valid…Freeman also said Merck cannot enforce the patents because Merck’s own lawyer gave inconsistent and untruthful testimony during the trial. ‘Merck’s acts are even more egregious because the main perpetrator of its misconduct was its attorney,’ she said.”
Read: Gilead escapes liability in hepatitis C patent fight with Merck | Reuters