Court-Ordered Legal Notice

United States District Court for the Northern District of California

If you purchased HIV cART drugs directly from the manufacturer, you may receive a payment from a class action settlement.

• A proposed settlement (“Settlement”) has been reached in a class action lawsuit (KPH Healthcare Services, Inc. v. Gilead Sciences, Inc., No. 3:20-cv-06961-EMC (N.D. Cal.), coordinated with Staley v. Gilead Sciences, Inc., No. 3:19-cv-02573-EMC (N.D. Cal.)). The lawsuit involves the alleged delay of generic competition for certain HIV cART drugs and the prices paid for those drugs. The lawsuit alleges that Defendants engaged in a variety of allegedly anticompetitive conduct that caused direct purchasers to pay too much for HIV cART drugs. Defendants deny any wrongdoing.
• Generally, the proposed Settlement includes anyone who purchased Atripla, Complera, Evotaz, Reyataz, Sustiva, Stribild, Truvada, or any of their generic equivalents directly from a brand or generic manufacturer from October 6, 2016 until October 19, 2021 (“the Settlement Class”).
• This lawsuit and Settlement concern only direct purchasers, which are typically pharmaceutical wholesalers.
• The lawsuit was filed against Gilead Sciences, Inc.; Gilead Holdings, LLC; Gilead Sciences, LLC; Gilead Sciences Ireland UC; Bristol-Myers Squibb Company; and E. R. Squibb & Sons, L.L.C. The proposed Settlement is only with Bristol-Myers Squibb Company and E. R. Squibb & Sons, L.L.C. (collectively, “BMS”); it does not resolve any of the claims against the other defendants. The lawsuit remains ongoing against Gilead Sciences, Inc.; Gilead Holdings, LLC; Gilead Sciences, LLC; Gilead Sciences Ireland UC (collectively, “Gilead.”)
• If you are a member of the Settlement Class, your legal rights will be affected whether you act or don’t act. Please read the Notice carefully.
• The full text of the Settlement is available here.
• The full NDC List for reference is available here.
• The Notice is intended to provide a convenient summary of the Settlement. In the event of any inconsistency between the Notice and the terms of the Settlement, the terms of the Settlement will control.
• The funds from the BMS Settlement will be distributed once processing is complete. For information about a separate settlement with Gilead, please visit www.hivdirectpurchaserclass.com. If you submitted a Claim Form in the BMS Settlement and you believe you are entitled to a payment in the Gilead Settlement, you still must submit a separate Claim Form to receive a payment in the Gilead Settlement.

YOUR LEGAL RIGHTS AND OPTIONS
SUBMIT A CLAIM	If you are a member of the Settlement Class, you may submit  a Claim Form. This is the only way to get a payment. The deadline is October 28, 2022.
OBJECT	You may write to the Court about why you do not like the Settlement. The objection deadline is October 25, 2022. Additionally, you may ask to go to the Final Approval Hearing and speak in Court about the fairness of the Settlement. If you object to the Settlement, you are still a member of the Settlement Class and you must file a claim to receive a payment.
OPT OUT	You may write the Claims Administrator or submit an Opt-Out Form online to exclude yourself from the Settlement Class. Exclusion allows you to file your own lawsuit. You will not receive any payment and will not be bound by the releases contained in the Settlement. The exclusion deadline is October 25, 2022.
DO NOTHING	If you do nothing, you will not receive any payment. You will be bound by the releases contained in the Settlement and will not be able to pursue your own lawsuit.

• These rights and options are explained in the Notice.
• If you do not act by the deadline for an option, you will lose your right to exercise that option.
• The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement and after the period to appeal has expired and/or all appeals have been resolved. Please be patient.