When a Merck & Co. in-house attorney recanted his deposition testimony in a patent brawl over Hepatitis C medications, Fish & Richardson lawyers knew they had an opening.

On the first day of trial in San Jose federal court, Merck revealed that its former patent prosecutor Philippe Durette would be disavowing the testimony. Instead he would admit that he sat in on a 2004 conference call with researchers from a Gilead predecessor who were developing the drug at issue in the trial. Durette was supposed to be “firewalled” from the discussion, because he was prosecuting Merck’s competing HCV patents.

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