Calif. Federal Judge Retains Case Involving Gilead’s HIV Drugs

LOS ANGELES — The forum defendant rule does not apply in a case involving Gilead Sciences Inc.’s HIV drugs Viread and Truvada because the defendant was served with the complaint prior to the action’s removal to federal court, a California federal judge has ruled.

In a Feb. 8 order, Judge Andre Birotte Jr. of the U.S. District Court for the Central District of California followed the “plain meaning” of 28 U.S.C. §1441(b)(2) and held that removal of the case was proper because Gilead filed its notice of removal prior to service.

Donald Dechow Jr., Anthony Evans, Douglas Klein and Victoria …