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AIDS HEALTHCARE FOUNDATION, INC. v. GILEAD SCIENCES

2016-2475.

890 F.3d 986 (2018)

AIDS HEALTHCARE FOUNDATION, INC., Plaintiff-Appellant v. GILEAD SCIENCES, INC., Japan Tobacco Inc., Defendants-Appellees. Johnson & Johnson, Janssen Sciences Ireland UC, Defendants.

United States Court of Appeals, Federal Circuit.

Decided: May 11, 2018.

Attorney(s) appearing for the Case

DANIEL P. HIPSKIND , Berger & Hipskind LLP, Los Angeles, CA, argued for plaintiff-appellant. Also represented by DORIAN S. BERGER .

GARY N. FRISCHLING , Irell & Manella LLP, Los Angeles, CA, argued for defendants-appellees. Gilead Sciences, Inc. also represented by JOHN PRESTON LONG , YITE JOHN LU , KEITH A. ORSO , JASON SHEASBY .

JEROME WAYNE HOFFMAN , Holland & Knight, LLP, Jacksonville, FL, for defendant-appellee Japan Tobacco Inc. Also represented by NEAL N. BEATON , New York, NY; BRUCE C. HAAS , CHRISTOPHER EARL LOH , Fitzpatrick, Cella, Harper & Scinto, New York, NY.

Before Newman, Dyk, and Stoll, Circuit Judges.

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...

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