Gilead Sciences, Inc. v. Meritain Health, 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 not genuine for Lanham Act purposes because their labeling and safety information materially differed from domestic versions and because they bypassed Gilead's quality-control system, creating a likelihood of consumer confusion. The court also held that Meritain and ProAct could be contributorily liable based on knowledge or reason to know of the Quartet's infringement, without a separate control requirement, and declined to review Santulli's personal-jurisdiction ruling. No separate opinions were filed.