Gilead Sciences, Inc., et al. v. Abbott Laboratories, Inc., et al., C.A. No. 13-2034-GMS, March 13, 2015.

Sleet, J.  Defendant’s motion to strike counts 9 and 10 under California’s Anti-SLAPP Stature is granted with prejudice. Defendant’s motion to dismiss counts 9-11 is denied in part and granted in part. Plaintiff’s motion to file a surreply is denied.

The disputed technology relates to a therapy for the treatment of hepatitis C virus.  The California anti-SLAPP statute allows courts to promptly expose and dismiss meritless and harassing claims seeking to chill protected expression. The court finds that plaintiff has not sufficiently pled an injury in fact, pecuniary loss as a result of slander. However, with respect to count 11 relating to violation of trade secret law, the court finds that it is plausible to infer that information disclosed was used in furtherance of patent applications and not for weighing the potential acquisition of Pharmasset.  The motion to dismiss count 11 is denied.