Gilead Sciences, Inc. v. Merck & Co., Inc., No. 16-2302 (Fed. Cir. Apr. 25, 2018)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

This case involv es two patents relat ing to treatments for Hepatitis C. Merck & Co., In c. and Ionis Pharmace u- ticals, Inc. (formerly Isis Pharmaceuticals, Inc.) collabo- rated on research in the area and eventually obtained U.S. Patent Nos. 7,105,499 and 8,481,712 . The patents , whose specifications are materially the same for present purposes, describe and claim classes of compounds, identi- fied by structural formulas, and the administration of therapeutically effective amounts of such compounds .