GILD · News · 20260817N

Litigation and Legal Risk

GILEAD SCIENCES, INC. · 2026-08-17 · Importance 47 · Surprise 60 · In source text

On August 17, 2026, the U.S. Court of Appeals for the Fourth Circuit affirmed a preliminary injunction blocking several entities from importing, advertising, or facilitating imports of foreign-market Gilead medicines into the United States. The court held that the imported drugs were not “genuine” under the Lanham Act because of material differences, including labeling omissions and bypassed quality-control protocols. The ruling also upheld findings of contributory infringement against Meritain and ProAct; the reports did not disclose a dollar amount for damages or avoided losses.

Key facts

• The Fourth Circuit Court of Appeals affirmed a preliminary injunction against several entities for importing, advertising, and facilitating the importation of foreign-market Gilead Sciences medications into the United States. source
• The 4th Circuit affirmed an injunction blocking the importation of foreign-market Biktarvy drugs, protecting Gilead Sciences' trademark rights. source
• The Fourth Circuit found the imported drugs were not "genuine" under the Lanham Act due to material differences, including labeling omissions and bypassed quality-control protocols. source
• The Fourth Circuit upheld the finding of contributory infringement by Meritain and ProAct related to importation of Gilead Sciences products. source
• The Fourth Circuit adopted the material-differences doctrine and found imported prescription medicines to violate the Lanham Act in a decision involving Gilead Sciences. source

Impact estimates