Bet-the-Company Victory for Gilead Sciences

Cooley represented Gilead Sciences in a bet-the-company arbitration when F. Hoffmann-La Roche sought to strip Gilead of its rights to a blockbuster drug. At stake were Gilead's exclusive rights to sofosbuvir (Sovaldi), approved by the FDA in 2013 as a breakthrough drug for the treatment of hepatitis C. Roche alleged exclusive rights based on an earlier collaboration agreement. Cooley presented this "bet the company" case before a panel of three arbitrators during a two-week arbitration hearing in June 2014. In August 2014, the arbitration panel issued its award, ruling in favor of Gilead and finding that Roche failed to establish any of its contract or patent-based claims to sofosbuvir. This was a huge win for Gilead, as Sovaldi is expected to generate $10 billion in sales annually.

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Commercial Litigation