Gilead Sciences, Inc. v. ProAct, Inc.

Summary

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