Southeastern Pennsylvania Transportation Authority v. Gilead Sciences, Inc.

MEMORANDUM

DALZELL, Judge.

I. Introduction

We consider here defendant Gilead Sciences, Inc.’s (“Gilead”) motion to dismiss under Fed.R.Civ.P. 12(b)(6). Plaintiffs— the Southeastern Pennsylvania Transportation Authority (“SEPTA”), John Doe, and Jane Doe — are suing Gilead on behalf of themselves and others similarly situated alleging that Gilead’s pricing scheme for the sale of its patented Hepatitis C drugs violates Section 1557(a) of the Patient Protection and Affordable Care Act, constitutes unjust enrichment, breaches the im*694plied duties of good faith and fair dealing, and violates California…