BRIEF—Gilead, and Teva prevail in $3.6 billion HIV drug antitrust case

A California federal jury cleared Gilead Sciences and Teva Pharmaceutical Industries on Friday in a $3.6 billion antitrust case claiming the pharmaceutical giants struck an illegal "pay for delay" patent deal that inflated prices for two HIV medications.

The court found that plaintiffs had not shown Gilead had market power or that it paid Teva to delay its generics, IP Law 360 reported.

Consumers and other direct purchasers, including the Blue Cross and Blue Shield Association, filed the antitrust lawsuit in 2019, alleging that Gilead maintained a monopoly in the HIV drug market by unlawfully extending patent protection for its drugs to delay generic competitors’ entry. Plaintiffs sought $3.6 billion in damages.