Jacksonville Police Officers and Fire Fighters Health Insurance Trust v. Gilead Sciences, Inc.

BACKGROUND

19 The Jacksonville Police Officers and Fire Fighters Health Insurance Trust (“Trust”), 20 alleges Defendants violated the Sherman Act, 15 U.S.C. section 1 (the “Sherman Act Claim”), 21 California’s Cartwright Act, Business and Professions Code sections 16700, et seq. (the 22 “Cartwright Act Claim”), and California’s Unfair Competition Law, Business and Professions 23 Code sections 17200, et seq. (the “UCL Claim”). The Trust also asserts a claim for equitable 24 monetary relief (“Count IV”) and asserts 27 “sister state” anti-trust claims (“Count V” or the 25 “Sister State Claims”) “[t]o the extent the Cartwright Act is found not to apply to the claims of 26 27 1 Class members located outside of the state of California[.]”.2 (First Amended Class Action 2 Complaint (“FACC”) ¶ 158.) 3 This litigation presents the tension that may arise “between the lawful restraint on trade of 4 the patent monopoly and the illegal restraint prohibited broadly by the Sherman Act.” United 5 States v. Line Material Co., 333 U.S. 287, 310 (1948). In brief, the Trust’s theory is that 6 Defendants settled patent litigation through a “reverse payment settlement,” i.e. a…