California Supreme Court rules for Gilead

On August 3, 2026, the United States — Supreme Court of California ruled 6-1 in favor of Gilead Sciences, dismissing negligence claims brought by an estimated 24,000 HIV patients. The patients alleged that Gilead failed to develop and commercialize a safer version of its HIV drug tenofovir disoproxil fumarate (TDF), known as tenofovir alafenamide fumarate (TAF), which had fewer side effects. The court held that drug manufacturers do not owe a 'duty to innovate' to patients when their existing drugs are considered safe. Justice Joshua Groban wrote the majority opinion, warning that imposing such liability would burden pharmaceutical innovation and public health. Justice Kelli Evans dissented, calling Gilead's conduct 'morally blameworthy.' The decision reversed a February 2024 appellate ruling that had recognized a duty to innovate. Gilead hailed the decision as a victory for medical innovation. HIV drugs account for 70% of Gilead's $29.4 billion annual revenue. The case was closely watched by the pharmaceutical industry, with several major drugmakers supporting Gilead's appeal.