In the Press
July 12, 2023

Litigators of the (Past) Week: A Defense Win for Gilead and Teva in a Rare Trial on Pay-For-Delay Claims (The American Lawyer)

Christopher Holding, who represents Teva, is one of The American Lawyer's Litigators of the (Past) Week. Trials in “pay for delay” antitrust cases—where branded and generic pharmaceutical companies stand accused of settling patent litigation claims in a way that unfairly props up drug prices—rarely go to trial. Given the dollar figures involved and the prospect of treble damages, the risks are high. That was especially true in a case that wrapped up recently against Gilead Sciences Inc. and Teva Pharmaceutical Industries Ltd. alleging the companies colluded to unfairly inflate the price for two key HIV drugs. After six weeks of trial, federal jurors in San Francisco late last month found that Gilead didn’t have market power in the relevant market. And, although they didn’t have to, they went a step further to find there was no “pay for delay” deal between the two companies.