Fourth Circuit judges question vendors' defence in Gilead Biktarvy patent case
Updated
Updated · Bloomberg Law · May 6
Fourth Circuit judges question vendors' defence in Gilead Biktarvy patent case
8 articles · Updated · Bloomberg Law · May 6
At 6 May arguments, judges Agee, Harris and Keenan challenged Meritain, ProAct, Rx Valet, Advanced Pharmacy and Affordable Rx Meds over Turkish-labelled imports routed through an Istanbul pharmacy.
They signalled agreement with a Maryland judge who in June 2025 partly granted Gilead a temporary restraining order, saying differences between US and Turkish Biktarvy could by themselves confuse consumers.
The case spotlights the legal and safety risks of the pharmaceutical gray market, as employers and benefit managers seek cheaper foreign medicines despite broader US efforts to expand drug importation.
Will new tariffs on imported drugs fix safety risks, or just raise patient costs?
Can a simple English insert truly resolve the safety risks of receiving a foreign-packaged version of a life-saving drug?
When insurers source cheaper drugs globally, where does corporate cost-saving end and patient risk begin?