LOS ANGELES, July 5, 2023 –Proskauer, a leading international law firm, announced today that it secured a decisive victory for Gilead Sciences, Inc. in a $3.6 billion antitrust case on allegations that the pharmaceutical company struck an anticompetitive "pay-for-delay" patent settlement related to two HIV medications.
A jury in the U.S. District Court for the Northern District of California delivered a full defense verdict following a six-week trial.
The verdict affirms that a 2014 patent settlement between Gilead and Teva did not violate antitrust law and was not a reverse payment. On the contrary, it promoted competition and enabled individuals to obtain generic versions of Atripla® and Truvada® before the expiration of Gilead's patents protecting those medicines.
The consolidated cases relate to Gilead's life-saving HIV prevention and treatment medicines, Truvada and Atripla. The cases alleged that Gilead, a biopharmaceutical company that discovers, develops and innovates in the areas of HIV and other unmet medical needs around the world, violated state and federal antitrust laws related to a patent litigation settlement agreement with generic drug manufacturer Teva.
The Proskauer team was led by partners Bart Williams and Susan Gutierrez and associates William Dalsen, Om Alladi, Christina Assi, Margaret Ukwu and Genesis Sanchez Tavarez and paralegals Jeffrey Soldridge and Stacy Evans (Litigation).
Proskauer acted as co-counsel alongside Kirkland & Ellis.