Legal Opinion
Holley v. Gilead Scis., Inc.
District Court, N.D. California
Decided May 10, 2019No. Case No. 18-cv-06972-JSTPublishedCited by 27 opinions
1Opinion of the Court
IV. DISCUSSION
A. AIDS Healthcare Foundation v. Gilead
AIDS Healthcare Foundation previously filed an antitrust action concerning Gilead's TDF- and TAF-based drugs that also sought a declaration of patent invalidity and relief under California and Nevada unfair competition laws. AIDS Healthcare Found. , 2016 WL 3648623, at *4. Among the plaintiff's theories was that:
Gilead knew of the efficacy and safety benefits of TAF in 2004 but shelved its clinical trials until 2011, leading to FDA approval (and a grant of NCE exclusivity) in 2015, just before the patents on TDF were set to expire.
This, AIDS…
2Cases cited19 opinions
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Wyeth v. LevineSupreme Court of the United States · 2009
- Kearns v. Ford Motor Co.Court of Appeals for the Ninth Circuit · 2009
- Buckman Co. v. Plaintiffs' Legal CommitteeSupreme Court of the United States · 2001
- PLIVA, Inc. v. MensingSupreme Court of the United States · 2011
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3Cited by27 opinions
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- Bossetti v. Allergan Sales, LLCDistrict Court, S.D. Ohio · 2023
- DOMAN v. MERCK & CO INCDistrict Court, E.D. Pennsylvania · 2021
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