In re HIV Antitrust Litigation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STALEY, et al., Case No. 19-cv-02573-EMC
Plaintiffs,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANTS’
MOTIONS TO DISMISS
GILEAD SCIENCES, INC., et al., Docket Nos. 836, 838 Defendants.
12 13 Currently pending before the Court are two motions to dismiss – one filed by Teva and the other by Gilead. Both Teva and Gilead challenge the complaint filed by United HealthCare Services, Inc. (“UHS”) in Case No. C-21-9202 EMC. The motions overlap in content. Having considered the parties’ briefs as well as the oral argument of counsel, the Court hereby GRANTS in part and DENIES in part each motion to dismiss. I. FACTUAL & PROCEDURAL BACKGROUND UHS is a Minnesota corporation with its principal place of business in Minnesota. See Compl. ¶ 20. As alleged in the operative complaint, UHS “engages in servicing prescription drug managed care programs provided to members and beneficiaries under insurance…