GlaxoSmithKline issued the following statement responding to announcements that the attorney general of California has filed a brief in support of litigation sponsored by the AIDS Healthcare Foundation (AHF):
We are disappointed that the attorney general has filed a brief asking the Court to prolong meritless but expensive litigation against GSK, particularly since the issues in the case were resolved by the courts ten years ago - and in GSK's favour. The attorney general appears to have written his brief without regard to these facts or to the exchange of information that occurred between the parties. We would welcome the opportunity to speak directly with the attorney general to explain the errors in the AHF's litigation and describe GSK's leadership in HIV/AIDS research as well as our extensive and long-standing support of community programmes.
GSK brought the first HIV/AIDS treatment - Retrovir (AZT) - to patients in 1987. AZT was first synthesized by the Michigan Cancer Foundation, but GSK scientists were the first to conceive that AZT was useful against HIV/AIDS in humans. In November 1994, the US Court of Appeals for the Federal Circuit confirmed the validity of the patent granted to GSK by the United States Patent & Trademark Office for the use of AZT to treat AIDS in humans. That court declared that Burroughs Wellcome (now GSK) employees were the sole inventors of this use for AZT, and affirmed a permanent injunction against two generic firms from making or selling AZT until the patent expires in 2005. The generic firms sought further review by the Supreme Court, which declined the case. As a result, the decision of the US Court of Appeals became final.
Repeated efforts by the AIDS Healthcare Foundation (AHF) to re-litigate this issue are entirely without merit, offer no new information, and are based on decades' old history that has already been thoroughly reviewed and decided by the courts. The US District Court for the Central District of California already dismissed this lawsuit once on March 5, 2003. AHF then filed a new lawsuit on essentially the same allegations, and GSK has asked the court to grant summary judgment dismissing the litigation a second time. Other lawsuits filed by AHF against GSK have either been dismissed or withdrawn.
AHF's litigation is an attempt to gain a financial settlement from the company, and is harmful to efforts aimed at meeting the broader needs of patients with HIV/AIDS. We will defend our company vigorously against AHF's frivolous and baseless lawsuit, but deplore the waste of time and money that could be better spent on improving the health and quality of life of patients living with HIV/AIDS.
We want to address the real problem - making sure people with HIV/AIDS receive appropriate treatment - and do not believe this lawsuit advances that cause. Over the years we have worked productively with many HIV/AIDS groups to help ensure the needs of patients are met. AIDS patients have benefited enormously from the R&D investment made by GSK and others in private industry to fight the disease. In addition, GSK has made significant commitments to AIDS education and community support, and to improved access to medicine in the developing world through reduced-pricing. As a result, GSK has been honored repeatedly for its extensive humanitarian efforts, particularly in HIV/AIDS.