The federal patent piracy case against British drug giant GlaxoSmithKline plc (GSK) over AZT, the first AIDS drug, is set to be reopened as AIDS Healthcare Foundation (AHF) received clarification from United States District Court (Central District, California) that the Foundation's initial complaint was dismissed "without prejudice," allowing the nation's largest AIDS organization to amend and re-file its action against GSK.

GSK's motion to dismiss AHF's complaint had been granted by Judge Terry Hatter in early March in a brief ruling; however, the court's order at that time did not state whether AHF could file an amended complaint. Yesterday's court order (case: CV 02-05223 TJH ex) clarifies the AHF's right to amend and re-file the patent challenge, which it plans to do.

"We cannot - and will not - allow GSK's inflated price for AZT and other HIV medications to stand unchallenged," said Michael Weinstein, AIDS Healthcare Foundation President. "We believe GSK has no legitimate claim to the underlying patents and are grateful to Judge Hatter to have the opportunity to continue to pursue this injustice in court."

The case was initially filed by AHF in United States District Court (Central District, California) in July 2002, and amended in October 2002.

"Every day, as over 8,500 people die of AIDS throughout the world, GSK stands in the way of truly affordable treatment," added Weinstein. "We will continue to pursue this case and our outstanding cases against GSK in South Africa and in California, as well as shareholder actions," said Weinstein.