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California's highest court to consider whether drugmakers have 'duty to innovate'

May 6, 2026

A decision could change product liability law ​if it effectively required drugmakers to spend more to develop and ​quickly commercialize alternative products, sometimes called a "duty to innovate." The case was brought by about 24,000 HIV patients who took Gilead drugs made with ​tenofovir disoproxil fumarate, or TDF.