AIDS Healthcare Foundation (AHF) has filed an amended federal patent piracy case in United States Federal Court for Central District of California (Western Division) against British drug giant GlaxoSmithKline plc (GSK) over the patent for AZT, the first AIDS drug, and other subsequent derivative AIDS drugs. AHF's initial complaint had been dismissed in March 2003, "without prejudice," allowing the nation's largest AIDS organization to amend and re-file its action against GSK.
"Despite GlaxoSmithKline's attempts to dismiss our lawsuit as 'frivolous' our complaint is very serious, indeed," said Michael Weinstein, AIDS Healthcare Foundation President. "The dominos are falling: Wellbutrin, Paxil, Augmentin, and soon, AZT. Legal gymnastics are not a substitute for actually inventing drugs and charging fair prices for them."
The initial anti-trust lawsuit was first filed on July 1st 2002 in the United States Federal Court for Central District of California (Western Division, Case No. 02-5223 TJH Ex). AIDS Healthcare Foundation - represented by the law firm of Manatt Phelps & Phillips -- challenged the pharmaceutical giant's patents and their right to exclude competition in the markets for its anti-viral prescription drugs AZT, Ziagen and 3TC and to price these drugs well above competitive rates. GlaxoSmithKline (GSK) controls 40% of the lucrative U.S. AIDS drug market. Glaxo's current worldwide market for its AIDS medications is estimated to be approximately $5 billion dollars annually. Combivir and Trizivir, Glaxo's best selling AIDS drugs today, are reformulations of existing AIDS drugs that offer patients the convenience of two-in-one and three-in-one pill dosing.
The amended complaint filed in California removes Bayh-Dole Act claims from the initial complaint and concentrates on the patents for AZT and subsequent derivative AIDS drugs and GSK's monopolization of the market for these life-saving drugs. The drugs in the complaint include AZT, Abacavir, 3TC, Combivir and Trizivir.