Unrivaled 2025: Ron Machen of WilmerHale

You successfully represented Gilead Sciences against the US Department of Justice in a patent infringement dispute over Gilead’s HIV prevention treatments, Truvada and Descovy, with the DOJ’s $3 billion claim at issue in a May 2023 jury trial. (After the 2023 jury trial, a federal judge held additional proceedings and concluded that the government had also breached three clinical trial agreements with Gilead. A favorable settlement was reached in January 2025.) Can you tell us about your trial and settlement strategy?

This case was unprecedented; the first time the government sued a pharmaceutical research partner for patent infringement. The lawsuit posed an existential threat to Gilead because the government sought more than $3 billion dollars and patent rights to two of Gilead’s most successful medicines.

We decided our best defense was a strong offense. Instead of just defending against the government’s suit, we sued the government in a different court, the Court of Federal Claims, for breaching agreements with Gilead. We fast-tracked the offensive litigation to prove the government’s misconduct before the government could get its case before a jury.

We succeeded. Before the government could try its case, we had already secured a ruling that the government breached agreements. This not only undermined the government’s suit but offset any potential liability award against Gilead in the later trial. The wind was at our backs by the time of the trial, where the jury also ruled for us.

Those successive victories provided Gilead with reassurance that the government wouldn’t interfere with its most significant medicines while also providing Gilead with tremendous leverage in settlement discussions, which ultimately led to an extremely beneficial settlement for Gilead that avoided a lengthy government appeal.

Can you describe a major hurdle that happened during the course of Gilead Sciences, Inc. v. United States. How did you overcome it? 

We prepare extremely hard before trial to see around corners, but one challenge we didn’t anticipate was the government’s overly broad privilege assertion over a critical document in discovery. During trial, a government witness revealed information on cross-examination that undercut the breadth of its privilege claim. We wrote a motion overnight seeking the full unredacted document, handing it to the court the next morning.

The court then signaled there were serious questions regarding privilege over the entire document; the government agreed to produce redacted portions to us, a huge breakthrough. With that new information, we cross-examined another government witness in a manner that undermined the government’s positions. In closing, that document and the witness’s testimony were critical to showing how the government violated its agreements. This was a significant moment which showed the importance of not only remaining vigilant during trial but also reacting quickly to emerging developments. 

When did you first know you wanted to be a trial lawyer? What clicked for you?

The only lawyer I knew growing up was my uncle, Harold Machen. When I turned 12, he offered me five dollars if I could articulate why I was deserving. My argument must not have been too compelling, because I only earned one dollar. Every following birthday, I worked on crafting my advocacy—citing accomplishments in school, sports, etc.—to make sure I got the whole five dollars.

I became a real litigator with the encouragement of Damon Keith, the legendary Sixth Circuit Court of Appeals judge I clerked for.  He convinced me to become an assistant US attorney in the District of Columbia, where I received a baptism by fire before judges and juries that taught me that preparation and strategy are the keys to trial success.

What are the major keys to winning over a jury or a judge?

To win over a judge or jury, a lawyer must combine legal mastery with compelling storytelling, strategic thinking, and emotional intelligence. Success hinges on clear, confident communication, deep preparation, and the ability to adapt in real time. Building trust through credibility is essential, as is presenting a narrative that resonates both logically and emotionally. Ultimately, it’s about connecting with people, commanding the courtroom, and making the law come alive in a relatable way.

What is the best advice you give young trial lawyers? 

“Relentlessly prepare your game plan but be ready to pivot at a moment’s notice. Many lawyers become so tethered to their pre-trial strategy, they can’t adapt to a trial’s inevitable surprises.”