Gilead Sciences, Inc. v. RX Valet, LLC

Summary

The court affirmed a preliminary injunction barring the defendants from importing, advertising, selling, or facilitating the sale of foreign-market Gilead medications in the United States. It held that the medications were not genuine for Lanham Act purposes because their labeling, safety information, and distribution controls materially differed from the domestic versions, and that the service providers likely knew or had reason to know they were facilitating infringement. The court also held that the FDCA did not preclude the trademark claims and declined to review the personal-jurisdiction ruling through pendent appellate jurisdiction.