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Merck loses bid to revive $200 mln Gilead verdict at U.S. high court

Merck loses bid to revive $200 mln Gilead verdict at U.S. high court
FILE PHOTO: The Merck logo is seen at a gate to the Merck & Co campus in Linden, New Jersey, U.S., July 12, 2018. REUTERS/Brendan McDermid   -   Copyright  Brendan McDermid(Reuters)
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WASHINGTON (Reuters) – The U.S. Supreme Court on Monday handed a defeat to Merck & Co <MRK.N> by refusing to hear its appeal of a ruling that it had dishonestly obtained patent rights and could not collect a $200 million (£156.5 million) verdict against rival drugmaker Gilead Sciences Inc <GILD.O> in a dispute involving blockbuster hepatitis C drugs.

A jury awarded Merck $200 million in 2016 after finding Gilead’s Hepatitis C drugs Sovaldi and Harvoni infringed two of its patents, but a judge later ruled the patents unenforceable because of a pattern of misconduct by Merck including lying under oath by one of its in-house lawyers.

Merck had urged the Supreme Court to place limits on the doctrine of “unclean hands” that can prevent plaintiffs from winning lawsuits if they acted in bad faith.

(Reporting by Jan Wolfe and Lawrence Hurley; Editing by Will Dunham)

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