The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent


Does Unclean Hands Apply to Legal Claims?

An amicus brief in Merck v. Gilead Sciences


Today I filed an amicus brief in support of a petition for writ of certiorari in Merck v. Gilead Sciences. The basic issue is whether unclean hands applies to a legal claim for damages for patent infringement. The Federal Circuit said yes. The amicus brief argues no. If you're interested in patent law, equity, or remedies, this case could matter to you. The brief is here.