The combination of Gilead Sciences sofusbuvir and Bristol-Myers daclatasvir is the most significant and effective drug development in the history of Hepatitis C. These two drugs cured across three genotypes WITHOUT ribavirin or interferon; this combination cured 100% of genotype 1, and more than 91% genotype 2 and 3 with minimal side effects. The entire world should be outraged by Gilead's refusal to make this life-saving drug combination available. Gilead Sciences is ‘forsaking’ their moral responsibility by refusing to collaborate with Bristol-Myers and bring this cure to market; instead Gilead continues to follow their own vested interests leaving millions to suffer and die from this disease. Could the govt exercise the "right of eminent domain" in a case such as this?
Basically the answer to your questions are "no."
Moral outrage generally is not a viable cause of action in the courts. And the application of eminent domain to intellectual property (which is speculative, at best - see this blog post: http://www.ipprospective.com/copyright-caucus/intellectual-property-and-eminent-domain-a-plausible-combination/) is not likely absent some sort of viable action from the legislative branch. So while you can always file a petition making those type of demands, it is very likely that it would be considered frivolous and/or subject to a motion for summary judgment for failure to state a cause of action.
If you want to affect these companies, the courts are not the avenue to address this issue. It really is a legislative issue and to a large extent in healthcare, the squeaky wheel gets the grease. But this would require a group or entity that has an interest in obtaining these medications make the approach, because individuals are too easy to ignore.
Of course, all of this is just my opinion.
This answer is limited to the facts presented in the question as posed above. This answer does not create an attorney client relationship as 1) I do not know your identity, or 2) have I ever spoken with you. If you feel you need legal representation, I recommend that you consult with a licensed attorney in your jurisdiction. I am licensed in Texas
The government could purchase the drug patent and possibly be able to use eminent domain to do so, depending on state or federal laws. But the government would have to pay fair market value for it. Hire a drug patent or eminent domain attorney to research the question.
DISCLAIMER: I am not your attorney and readers employ any information provided herein at their own risk. Any comment is for general educational purposes only, and is based only on the limited facts provided, which may or may not be true. It is not legal advice upon which you may rely, as the commenter has not interviewed witnesses or examined any evidence, and has not researched the applicable law. Available defenses may prevent the success of any claim. Competent legal advice should always be obtained from a lawyer licensed in your jurisdiction before taking any legal action or filing suit.
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