Gilead Sciences, Inc. v. Merck & Co.

2016 U.S. Dist. LEXIS 5616 (January 13, 2016)

Facts

Merck (D) asserts that Gilead (P) infringed two of its patents. P says it was the one to conceive and reduce to practice the inventions, in 2003, in a compound named PSI-6130. P's expert produced a photograph of various tubes of compounds. The expert testified that he got the compounds before 2003 from the founder of an entity later acquired by P. D immediately demanded further production of further information about the tubes and their contents, including the tubes themselves.