Category: Markets
Published: 2026-08-17T16:15:19.000Z
The Fourth Circuit Court of Appeals affirmed a preliminary injunction against several entities for importing, advertising, and facilitating the importation of foreign-market Gilead Sciences, Inc. medications into the United States. The court found that the imported drugs were not "genuine" under the Lanham Act due to material differences, including labeling omissions and bypassed quality-control protocols, and upheld the finding of contributory infringement by Meritain and ProAct. This decision marks several legal "firsts," including the Fourth Circuit's adoption of the material-differences doctrine and finding imported prescription medicines to violate the Lanham Act.
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