Aids Healthcare Foundation v. Gilead Sciences, Inc., No. 16-2475 (Fed. Cir. May 11, 2018)

From the Opinion

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This appeal is from the dismissal of a declaratory judgment action filed by AIDS Healthcare Foundation , Inc. (“Healthcare” or “AHF”) against Gilead Sciences, Inc. et al. (“Defendants”) in the United States District Court for the Northern District of California .1 On appellate review, we conclude that this action does not meet the requirements of the Declaratory Judgment Act. BACKGROUND The Defendants produce or sell several drug products containing the antiviral agent tenofovir alafenamide fumarate (“TAF”), which is used in the treatment of AIDS.