Legal Opinion

Aids Healthcare Foundation v. Gilead Sciences, Inc.

Court of Appeals for the Federal Circuit

Decided May 11, 2018No. 2016-2475PublishedCited by 9 opinions

1Opinion of the Court

Newman, Circuit Judge.

This appeal is from the dismissal of a declaratory judgment action filed by AIDS Healthcare Foundation, Inc. ("Healthcare" or "AHF") against Gilead Sciences, Inc. et al. ("Defendants") in the United States District Court for the Northern District of California. On appellate review, we conclude that this action does not meet the requirements of the Declaratory Judgment Act.

BACKGROUND

The Defendants produce or sell several drug products containing the antiviral agent tenofovir alafenamide fumarate ("TAF"), which is used in the treatment of AIDS. The first TAF-containing…

2Cases cited24 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  3. MedImmune, Inc. v. Genentech, Inc.Supreme Court of the United States · 2007
  4. Raines v. ByrdSupreme Court of the United States · 1997
  5. Hollingsworth v. PerrySupreme Court of the United States · 2013

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3Cited by9 opinions

  1. Alfwear v. Ibkul UbhotDistrict Court, D. Utah · 2023
  2. Daoud v. Weldnow, LLCDistrict Court, N.D. Oklahoma · 2025
  3. Holley v. Gilead Sciences, Inc.District Court, N.D. California · 2023
  4. Kaiser Foundation Health Plan, Inc. v. Merck & Company Inc., et al.District Court, N.D. California · 2026
  5. Microsoft Corporation v. Biogy, Inc.District Court, N.D. California · 2026

4 more not listed; retrieve them via the Exa API.

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