Lawsuit says Gilead’s would-be competitors agreed not to compete
By Christopher Rowland Christopher Rowland Business reporter focused on the health-care economy's effects on patient health, costs, and privacy Email Bio Follow May 14 at 3:41 PM Combination drug “cocktails’’ to treat HIV infection are an important part of patients’ routine, allowing them to reduce the number of pills they must take each day.
In other words, Gilead got its most likely competitors to promise not to compete, according to the suit.“This looks like a new type of agreement that we haven’t seen before, that sure looks like a per se illegal effort to extend the life of the patent,’’ said Mark A. Lemley, a Stanford Law School professor and a lead attorney in the litigation. “And they’re doing so in a market where there really is a public health crisis.
“We have entered into partnerships with other companies with the goal of bringing life-saving therapies to patients in need. Any assertion that we worked to delay availability of lifesaving medication to patients is absolutely false,’’ Gilead spokeswoman Sonia Choi said. The lawyers behind the lawsuit dug into Gilead’sfilings with the Securities and Exchange Commission and found the agreements that formed the core of the case.
“You have collusive behavior, and you have generic entry being held off even after the patent expires, and that is very concerning,’’ Carrier said.
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