AIDS Healthcare Foundation to refile Glaxo lawsuit

The AIDS Healthcare Foundation on Wednesday announced that it intends to refile a lawsuit against drugmaker GlaxoSmithKline over the company's patents on its anti-HIV drugs, Reuters Health reports. U.S. district judge Terry Hatter earlier this month dismissed the original suit filed by AHF in July 2002 that alleged Glaxo's patents on AZT, 3TC, Ziagen, Combivir, and Trizivir were invalid because the drugs were developed with significant amounts of public money. The foundation also claims that the prices of the Glaxo drugs exorbitantly exceed their manufacturing and marketing costs. A court order issued on Sunday classified the dismissal of the lawsuit as "without prejudice," which allows AHF to amend the claim and refile it. "We cannot and will not allow GSK's inflated price for AZT and other HIV medications to stand unchallenged," said Michael Weinstein, AHF president. "We believe GSK has no legitimate claim to the underlying patents and are grateful to have the opportunity to continue to pursue this injustice in court." A Glaxo spokeswoman said the company was unclear how AHF plans to amend the lawsuit, and said the company believes the foundation's claims are "without merit."