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

BACKGROUND

19 The Court set forth the facts underlying this dispute in its Order granting, in part, and 20 denying, in part Defendants’ motion to dismiss the first amended complaint, and the Court will not 21 repeat them in detail. See Jacksonville Police Officers and Fire Fighters Health Insurance Trust 22 v. Gilead Sciences, Inc., No. 20-cv-6522-JSW, 2022 WL 3579881, at *1-*4 (N.D. Cal. Aug. 19, 23 2022) (“Jacksonville”). 24 In brief, Gilead manufactures a number of drugs used to treat HIV, including Viread (a 25 tablet containing 300 mg of tenofovir disproxil fumarate (“TDF”)), Emtriva (a tablet containing 26

27 1 The Court refers to Gilead and the Cipla entities collectively as “Defendants.” 1 200 mg of emtricitabine), and Truvada (a tablet containing 200 mg of emtricitabine and 300 mg of 2 TDF). Id. at *2. The Jacksonville Police Officers and Fire Fighters Health Insurance Trust 3 (“Trust”) and John Doe (“Doe”) (collectively, “Plaintiffs”) allege Defendants entered into anti- 4 competitive reverse-payment settlement agreements to protect Gilead’s patents on its brand name 5 drugs. See, e.g., FTC v. Activis, Inc., 570 U.S. 136, 152 (2013) (“Activis”); In Re…