Aetna Inc. v. Gilead Sciences, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AETNA INC., Case No. 22-cv-00740-EMC

Plaintiff,

ORDER GRANTING PLAINTIFF’S

v. MOTION TO REMAND, AND

DENYING DEFENDANTS’ CROSS-

GILEAD SCIENCES, INC., et al., MOTION Defendants. Docket Nos. 18,

12 13 Aetna initiated this antitrust lawsuit in state court against Gilead, BMS, and Janssen. In its complaint, it asserted only state law claims. Gilead subsequently removed the case to federal court. Currently pending before the Court is Aetna’s motion to remand and Defendants’ cross- motion to enjoin Aetna. Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby GRANTS Aetna’s motion and DENIES Defendants’ cross-motion. I. FACTUAL & PROCEDURAL BACKGROUND The pending motions implicate two cases filed by Aetna: the instant lawsuit (hereinafter Aetna II) and an earlier-filed suit (hereinafter Aetna I1) that Aetna…