No “Duty to Innovate” – California’s Highest Court Finds Gilead Sciences Not Negligent for Delaying Release of Allegedly Safer HIV Drug

California court holds that drug manufacturers do not have a duty to commercialize a safer drug to replace a nondefective one. In the Gilead Tenofovir Cases, a group of unnamed plaintiffs alleged that Gilead was negligent by unreasonably delaying the release of a new HIV drug to maximize profits of an older, less……
By: Knobbe Martens