Attorney General Lockyer Files Brief Supporting AIDS Healthcare Foundation in AZT Patent Case
Brief Says Allegations of Antitrust Violations, Patent Abuse Should Be Decided on Merits

February 11, 2004
04-017
FOR IMMEDIATE RELEASE
(916) 324-5500

(LOS ANGELES) – Attorney General Bill Lockyer today filed a friend-of-the-court brief supporting the AIDS Healthcare Foundation in its lawsuit against pharmaceutical giant GlaxoSmithKline (Glaxo) that alleges the firm fraudulently obtained a patent for the AIDS drug zidovudine (AZT) and violated antitrust law by exploiting the patent to gain an unfair competitive advantage.

Lockyer's brief argues that omissions of material information by Glaxo during the patent process could prove to be crucial elements of an antitrust claim brought by the Foundation to remedy harm caused to consumers and the market. Filed in federal court in Los Angeles, the brief contends the case should be decided on the merits and not dismissed, as requested by Glaxo, on a summary judgment motion. Lockyer filed the "amicus" brief simultaneously with a motion for approval to enter the case as a friend of the court.

Lockyer issued the following statement on filing the amicus brief:

"The estimated 50,000 Californians living with AIDS deserve to have this case decided, and not swept under the summary judgment rug," said Lockyer. "They deserve to know whether unlawful conduct by Glaxo inflated prices and crimped innovation. They deserve to know if Glaxo has reaped unjust profits at the expense of lives.

"The issues raised in this case are serious and go to the heart of what our antitrust laws are all about: protecting consumers from artificially high prices and deflated competition. A resolution on the merits is all the more important as health care consumers battle exorbitant drug prices while pharmaceutical firms enjoy huge profits."