On September 22, 2021, CVS Pharmacy, Inc.; Rite Aid Corporation; and Rite Aid Hdqtrs. Corp. (collectively, “Plaintiffs”), represented by Anna Theresa Neill of Kenny Nachwalter, P.A., filed an antitrust action against Gilead Sciences, Inc.; Gilead Sciences, LLC (f/k/a Bristol-Myers Squibb & Gilead Sciences, LLC) (collectively “Gilead”); Bristol-Myers Squibb (“BMS”); and Teva Pharmaceuticals USA, Inc. (“Teva”) (collectively, Defendants”), seeking permanent injunctive reliefs and damages, among other reliefs, for the alleged suppression and delay of generic competition by the Defendant’s. This case was filed in U.S. District Court in the Northern District of California with Judge Kandis A. Westmore presiding.
In the complaint, the Plaintiffs alleged that, “This is a civil antitrust action brought by purchasers of certain antiretroviral drugs used to treat patients with Human Immunodeficiency Virus (“HIV”). Defendants have collectively engaged in a multifaceted scheme to suppress and delay generic competition for those drugs, including unlawful reverse-payment agreements” and “This action challenges ongoing restraints of trade that have effectively curtailed generic competition for seventeen critical antiretroviral medications used in the treatment of patients with HIV, a condition that, left untreated, destroys the immune system and leads to Acquired Immunodeficiency Syndrome (“AIDS”).”
The Plaintiffs also alleged that, “Gilead owns the patents (or has obtained exclusive licenses to the technology) for the component drugs TDF, TAF and FTC, as well as for the branded drugs Viread, Truvada, Atripla, Vemlidy and Descovy. As each drug’s patent was challenged or set to expire, Gilead entered into unlawful and anticompetitive arrangements with BMS, Teva and other entities to delay and suppress entry of cheaper generic versions of each drug. The net result is that Plaintiffs and other purchasers of the relevant drug have overpaid hundreds of millions of dollars for those drugs.”
The Plaintiffs further alleged that, “Defendants deliberately and unlawfully delayed generic competition for lifesaving TDF-based products, including Viread, Truvada and Atripla, by entering into anticompetitive settlement agreements. As a result, Gilead and Teva, individually and collectively, were able to retain hundreds of millions of dollars in anticompetitive profits at the expense of purchasers such as Plaintiffs. With full knowledge that the launch of generic versions of TDF-based HIV medications would dramatically reduce pricing, Defendants engaged in such exclusionary conduct to wrongfully insulate themselves from competition, in order to maintain exorbitant pricing and earn outsized profit margins.”
There are eight claims of relief laid down by the Plaintiffs. The first claim alleged is for the reverse-payment agreement against Gilead and Teva-Viread. The second and third claims alleged are for the reverse-payment agreements against Gilead and Teva-Atripla and Gilead and Teva-Truvada, respectively. The fourth claim alleged is for monopolization against Gilead- Specified Drugs. The fifth claim alleged is for monopolization against Gilead Sciences, LLC-Atripla. The sixth claim alleged is for monopolization against Gilead-Cart Market. The seventh claim alleged is for conspiracy in restraint of trade against Gilead-specified drugs. The eighth claim alleged is for conspiracy in restraint of trade against Gilead and BMS-Evotaz.
In their prayer for relief, the Plaintiffs requested the Court for declaratory and permanent injunctive reliefs along with an award for overcharge damages and costs of suit, including reasonable attorneys’ fees and any other relief the Court deems just and proper.
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Pending - Other Pending
Kandis A. Westmore
CVS Pharmacy, Inc
Rite Aid Corporation
Rite Aid Hdqtrs. Corp.
Gilead Sciences, Inc.
Gilead Sciences, LLC
Bristol-Myers Squibb Company
Teva Pharmaceuticals USA, Inc.
Anna Theresa Neill
Attorney at Kenny Nachwalter, P.A.
Four Seasons Tower, 1441 Brickell Avenue
Miami, FL 33131
(#2) Corporate Disclosure Statement by CVS Pharmacy, Inc, Rite Aid Corporation, Rite Aid Hdqtrs. Corp. identifying Corporate Parent Rite Aid Hdqtrs. Corp. for Rite Aid Corporation; Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc. re #1 Complaint, (Neill, Anna) (Filed on 9/22/2021) (Entered: 09/22/2021)
Civil Cover Sheet Civil Cover Sheet
(#1) COMPLAINT and Demand for Jury Trial against All Defendants ( Filing fee $ 402, receipt number 0971-16418655.). Filed byCVS Pharmacy, Inc, Rite Aid Hdqtrs. Corp., Rite Aid Corporation. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Neill, Anna) (Filed on 9/22/2021) (Entered: 09/22/2021)
Docket(#3) Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/6/2021. (mbcS, COURT STAFF) (Filed on 9/22/2021) (Entered: 09/22/2021)Read MoreRead Less
Docket(#2) Corporate Disclosure Statement by CVS Pharmacy, Inc, Rite Aid Corporation, Rite Aid Hdqtrs. Corp. identifying Corporate Parent Rite Aid Hdqtrs. Corp. for Rite Aid Corporation; Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc. re #1 Complaint, (Neill, Anna) (Filed on 9/22/2021) (Entered: 09/22/2021)Read MoreRead Less
Docket(#1) COMPLAINT and Demand for Jury Trial against All Defendants ( Filing fee $ 402, receipt number 0971-16418655.). Filed byCVS Pharmacy, Inc, Rite Aid Hdqtrs. Corp., Rite Aid Corporation. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Neill, Anna) (Filed on 9/22/2021) (Entered: 09/22/2021)Read MoreRead Less
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