AIDS Healthcare Foundation appeals against court decision in Gilead case

The non-profit, USA-based, AIDS Healthcare Foundation (AHF) will appeal the dismissal of its federal lawsuit against US biotech major Gilead Sciences (Nasdaq: GILD) and other defendants alleging drug patent manipulation and anti-trust claims relating to slightly different formulations of the HIV drug tenofovir.

Although the US District Court for the Northern District of California last week granted a motion to dismiss sought by Gilead, the judge nonetheless suggested that this case was ripe for reconsideration by a higher court.

The AHF believes its stance can clear the way for generic and biosimilars manufacturers to bring down prices for patients, even when pharma companies are seeking to extend patents.