MIAMI—On January 16, 2020, Rivero Mestre LLP filed a lawsuit against Gilead Sciences Inc. for conspiring with other drug makers to block the use of generics in HIV treatment regimens as part of an elaborate scheme that relied on anti-competitive agreements with Bristol-Myers Squibb Co., Janssen Pharmaceuticals, and Japan Tobacco. At issue are pricey “cocktail” drugs that treat HIV with combinations of multiple active ingredients, including key ingredients controlled by Gilead. The scheme enabled Gilead and its co-conspirators to unlawfully extend patent protection for their drugs, impair entry by generic competitors, and charge exorbitant, supra-competitive prices for the drugs that people living with HIV need to survive.“We think this is the classic pay-for-delay situation,” Mestre said. “We’ve been harmed, and the third-party payors we represent have been harmed, and we intend to recover for them.”
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MSP Recovery Claims is represented by Andrés Rivero, Jorge A. Mestre, Alan H. Rolnick, Charles Whorton and David DaPonte.
About Rivero Mestre LLP
Rivero Mestre, from its offices in Miami and New York, represents clients from investigation to verdict and appeal in complex business disputes in U.S. federal courts, state courts, and domestic and international arbitration proceedings. The firm’s practice focuses primarily on representing clients in a broad range of complex commercial disputes including financial institution matters, antitrust matters, intellectual property disputes, and litigation and arbitration relating to Latin American trade and investment. For more information, visit www.riveromestre.com.