This case was last updated from U.S. District Courts on 11/21/2021 at 07:16:20 (UTC).

CVS Pharmacy, Inc et al v. Gilead Sciences, Inc. et al

Case Summary

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.

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-07378

  • Filing Date:

    09/22/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

Judge Details

Presiding Judge

Edward M. Chen

 

Party Details

Plaintiffs

CVS Pharmacy, Inc

Rite Aid Corporation

Rite Aid Hdqtrs. Corp.

Defendants

Gilead Sciences, Inc.

Gilead Sciences, LLC

Bristol-Myers Squibb Company

Teva Pharmaceuticals USA, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Anna Theresa Neill

Attorney at Kenny Nachwalter, P.A.

Four Seasons Tower, 1441 Brickell Avenue

Miami, FL 33131

Barry L. Refsin

Attorney at Hangley Aronchick Segal Pudlin Schiller

One Logan Square, 27Th Floor

Philadelphia, PA 19103

Eric L Bloom

Attorney at Hangley Aronchick Segal Pudlin & Schiller

4507 North Front Street, Suite 303

Harrisburg, PA 17110

Monica L. Kiley

Attorney at Hangley Aronchick Segal Pudlin & Schiller

2805 Old Post Road, Suite 100

Harrisburg, PA 17110

Caitlin V. McHugh

Attorney at Hangley Aronchick Segal Pudlin Schiller

One Logan Square, 27Th Floor

Philadelphia, PA 19103

William Francis Murphy

Attorney at Dillingham & Murphy

601 Montgomery Street, Suite 1900

San Francisco, CA 94111

Defendant Attorneys

Ariel E Rogers

601 Marshall St

Redwood City, CA 94063

Christopher T. Holding

Attorney at Goodwin Procter LLP

100 Northern Avenue

Boston, MA 02210

 

Court Documents

#24

(#24) NOTICE of Appearance by William Francis Murphy of Counsel (Murphy, William) (Filed on 11/18/2021) (Entered: 11/18/2021)

#23

(#23) ORDER by Judge Edward M. Chen granting #21 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 10/22/2021) (Entered: 10/22/2021)

#21

(#21) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16528037.) filed by Teva Pharmaceuticals USA, Inc.. (Holding, Christopher) (Filed on 10/22/2021) (Entered: 10/22/2021)

#20

(#20) NOTICE of Appearance by Ariel E Rogers (Rogers, Ariel) (Filed on 10/20/2021) (Entered: 10/20/2021)

#19

(#19) SUMMONS Returned Executed by CVS Pharmacy, Inc, Rite Aid Hdqtrs. Corp., Rite Aid Corporation. Teva Pharmaceuticals USA, Inc. served on 10/5/2021, answer due 10/26/2021. (Kiley, Monica) (Filed on 10/15/2021) (Entered: 10/15/2021)

#18

(#18) ORDER by Judge Edward M. Chen granting #14 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 10/2/2021) (Entered: 10/02/2021)

14 #1

Certificate of Good Standing (PA)

14 #14

Main Document

#8

(#8) ORDER RELATING CASE. Case related to 3:19-cv-02573-EMC, Staley et al v. Gilead Sciences, Inc. et al . Signed by Judge Edward M. Chen on 9/28/2021. (afmS, COURT STAFF) (Filed on 9/28/2021) (Entered: 09/28/2021)

#7

(#7) Summons Issued as to Teva Pharmaceuticals USA, Inc.. (msrS, COURT STAFF) (Filed on 9/27/2021) (Entered: 09/27/2021)

#6

(#6) Proposed Summons. (Neill, Anna) (Filed on 9/27/2021) (Entered: 09/27/2021)

#5

(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/4/2022. Initial Case Management Conference set for 1/11/2022 01:30 PM in Oakland, - To be determined. (msrS, COURT STAFF) (Filed on 9/23/2021) (Entered: 09/23/2021)

4 #1

Exhibit Administrative Motion to Consider Whether Cases Should be Related Pursua

4 #4

Main Document

#18

(#22) Minute Entry for proceedings held before Judge Edward M. Chen: Status Conference held on 10/21/2021. See pdf image for further details and instruction. Joint Status Report due by 12/2/2021. Status Conference to be set alongside anticipated motion for 12/9/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen.Total Time in Court: 33 Minutes. Court Reporter: Ruth Ekhaus. Plaintiff Attorneys: Scott Perwin, Barry Refsin, Eric Schork, Mike Roberts, Charlie Whorton, Darylyn Durie, Steve Berman, Sarah Deloach. Defendant Attorneys: Ariel Rogers, Heather Burke, Heather McDevitt, Chris Curran, Daniel Asimow, Paul Riehle, Paul St. Antoine, Joanne Lewers, Christopher Holding. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 10/21/2021) (Entered: 10/22/2021)

#2

1 #1

Civil Cover Sheet Civil Cover Sheet

#1

22 More Documents Available
View All Documents

 

Docket Entries

  • 11/18/2021
  • View Court Documents
  • Docket(#24) NOTICE of Appearance by William Francis Murphy of Counsel (Murphy, William) (Filed on 11/18/2021) (Entered: 11/18/2021)

    [+] Read More [-] Read Less
  • 10/22/2021
  • View Court Documents
  • Docket(#23) ORDER by Judge Edward M. Chen granting #21 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 10/22/2021) (Entered: 10/22/2021)

    [+] Read More [-] Read Less
  • 10/22/2021
  • View Court Documents
  • Docket(#21) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16528037.) filed by Teva Pharmaceuticals USA, Inc.. (Holding, Christopher) (Filed on 10/22/2021) (Entered: 10/22/2021)

    [+] Read More [-] Read Less
  • 10/21/2021
  • View Court Documents
  • Docket(#22) Minute Entry for proceedings held before Judge Edward M. Chen: Status Conference held on 10/21/2021. See pdf image for further details and instruction. Joint Status Report due by 12/2/2021. Status Conference to be set alongside anticipated motion for 12/9/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen.Total Time in Court: 33 Minutes. Court Reporter: Ruth Ekhaus. Plaintiff Attorneys: Scott Perwin, Barry Refsin, Eric Schork, Mike Roberts, Charlie Whorton, Darylyn Durie, Steve Berman, Sarah Deloach. Defendant Attorneys: Ariel Rogers, Heather Burke, Heather McDevitt, Chris Curran, Daniel Asimow, Paul Riehle, Paul St. Antoine, Joanne Lewers, Christopher Holding. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 10/21/2021) (Entered: 10/22/2021)

    [+] Read More [-] Read Less
  • 10/20/2021
  • View Court Documents
  • Docket(#20) NOTICE of Appearance by Ariel E Rogers (Rogers, Ariel) (Filed on 10/20/2021) (Entered: 10/20/2021)

    [+] Read More [-] Read Less
  • 10/15/2021
  • View Court Documents
  • Docket(#19) SUMMONS Returned Executed by CVS Pharmacy, Inc, Rite Aid Hdqtrs. Corp., Rite Aid Corporation. Teva Pharmaceuticals USA, Inc. served on 10/5/2021, answer due 10/26/2021. (Kiley, Monica) (Filed on 10/15/2021) (Entered: 10/15/2021)

    [+] Read More [-] Read Less
  • 10/02/2021
  • View Court Documents
  • Docket(#18) ORDER by Judge Edward M. Chen granting #14 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 10/2/2021) (Entered: 10/02/2021)

    [+] Read More [-] Read Less
  • 10/02/2021
  • View Court Documents
  • Docket(#17) ORDER by Judge Edward M. Chen granting #13 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 10/2/2021) (Entered: 10/02/2021)

    [+] Read More [-] Read Less
  • 10/02/2021
  • View Court Documents
  • Docket(#16) ORDER by Judge Edward M. Chen granting #12 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 10/2/2021) (Entered: 10/02/2021)

    [+] Read More [-] Read Less
  • 10/02/2021
  • View Court Documents
  • Docket(#15) ORDER by Judge Edward M. Chen granting #11 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 10/2/2021) (Entered: 10/02/2021)

    [+] Read More [-] Read Less
4 More Docket Entries
  • 09/29/2021
  • Docket(#10) CLERK'S NOTICE: Initial Case Management Conference is specially set for 10/21/2021 11:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 10/14/2021.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons grante d access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Joint Case Management Statement due by 10/14/2021. Initial Case Management Conference set for 10/21/2021 11:30 AM i n San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 9/29/2021) (Entered: 09/29/2021)

    [+] Read More [-] Read Less
  • 09/29/2021
  • View Court Documents
  • Docket(#9) Case Reassigned to Judge Edward M. Chen. Magistrate Judge Kandis A. Westmore no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (mbcS, COURT STAFF) (Filed on 9/29/2021) (Entered: 09/29/2021)

    [+] Read More [-] Read Less
  • 09/28/2021
  • View Court Documents
  • Docket(#8) ORDER RELATING CASE. Case related to 3:19-cv-02573-EMC, Staley et al v. Gilead Sciences, Inc. et al . Signed by Judge Edward M. Chen on 9/28/2021. (afmS, COURT STAFF) (Filed on 9/28/2021) (Entered: 09/28/2021)

    [+] Read More [-] Read Less
  • 09/27/2021
  • View Court Documents
  • Docket(#7) Summons Issued as to Teva Pharmaceuticals USA, Inc.. (msrS, COURT STAFF) (Filed on 9/27/2021) (Entered: 09/27/2021)

    [+] Read More [-] Read Less
  • 09/27/2021
  • View Court Documents
  • Docket(#6) Proposed Summons. (Neill, Anna) (Filed on 9/27/2021) (Entered: 09/27/2021)

    [+] Read More [-] Read Less
  • 09/23/2021
  • View Court Documents
  • Docket(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/4/2022. Initial Case Management Conference set for 1/11/2022 01:30 PM in Oakland, - To be determined. (msrS, COURT STAFF) (Filed on 9/23/2021) (Entered: 09/23/2021)

    [+] Read More [-] Read Less
  • 09/23/2021
  • View Court Documents
  • Docket(#4) NOTICE of Filing Administrative Motion to Consider Whether Cases Should Be Related Pursuant to Civil Local Rules 3-12 (Attachments: #1 Exhibit Administrative Motion to Consider Whether Cases Should be Related Pursuant to Civil L.R. 3-12 and 7-11)(by CVS Pharmacy, Inc, Rite Aid Corporation, Rite Aid Hdqtrs. Corp. Neill, Anna) (Filed on 9/23/2021) Modified on 9/24/2021 (msrS, COURT STAFF). (Entered: 09/23/2021)

    [+] Read More [-] Read Less
  • 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 More [-] Read Less
  • 09/22/2021
  • View Court Documents
  • 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 More [-] Read Less
  • 09/22/2021
  • View Court Documents
  • 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 More [-] Read Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Bristol-Myers Squibb Company is a litigant

Latest cases where Gilead Sciences, Inc. is a litigant

Latest cases where RITE AID CORP. is a litigant

Latest cases where CVS Pharmacy, Inc. is a litigant