Bloomberg Law
Dec. 3, 2018, 4:33 PM

U.S. Opposes Gilead’s High Court Bid; Plans to End Case

Daniel Seiden
Daniel Seiden

The U.S. Supreme Court should stay out of a dispute involving Gilead Sciences Inc.‘s allegedly defective HIV drugs, the U.S. Solicitor General told the court.

Gilead wants the court to hold that the Food and Drug Administration’s continued payments to Gilead, despite allegations that it misrepresented ingredients in the drugs means two whistleblowers’ false claims case must fail.

But the dispute is a “poor vehicle” for Supreme Court review, the government’s brief said.

The brief also states that the Department of Justice will move to dismiss the whistleblowers’ suit under False Claims Act authority if this case returns to ...