Gilead Sciences, Inc. v. Gregory Santulli

Summary

The court affirmed a preliminary injunction barring the appellants from advertising, selling, or facilitating the sale of imported Gilead-branded medications in the United States. It held that the foreign-market drugs were not genuine for Lanham Act purposes because they materially differed from domestic versions and bypassed Gilead's quality-control system, supporting likely direct infringement and contributory infringement. The court also held that the FDCA did not preclude the claims and declined to review the personal-jurisdiction ruling on interlocutory appeal. No separate opinions were filed.