In the Press
July 17, 2023

Gilead, Teva Document Disclosures Helped Sway Jury In Rare Pay-For-Delay Trial (Pink Sheet)

After a month-long trial, a jury delivered a verdict for Gilead Sciences, Inc. and Teva Pharmaceuticals USA Inc. in a multi-pronged antitrust suit claiming they improperly sought to delay generic competition for Gilead's HIV drugs. Teva's counsel Christopher Holding, said a key to the defense was the waiver of attorney-client privilege, which enabled them to show the jury contemporaneous documents, including the timing and rationale of the patent settlement agreement. Teva's top in-house patent lawyer also testified that Teva settled because the company thought it was likely to lose the patent case. 'That was the drum beat for us," Holding said to Pink Sheet. "An extensive record showed what happened, the decisions that were made and why. I think it made a big impact on the jury."