In Re Abbott Laboratories Norvir Anti-Trust Lit.

ORDER DENYING DEFENDANT’S RENEWED MOTION FOR SUMMARY JUDGMENT

Defendant Abbott Laboratories moves for summary judgment. Plaintiffs John Doe 1, John Doe 2, and the Service Employees International Union Health and Welfare Fund (SEIU) oppose the motion. The matter was heard on April 7, 2006. Having considered the parties’ papers, the evidence cited therein and oral arguments, the Court denies Defendant’s renewed summary judgment motion.

BACKGROUND

Protease inhibitors (Pis) are considered the most potent class of drugs to combat the HIV virus. In 1996, Defendant introduced Norvir as a stand-alone PI with a daily recommended dose of 1,200 milligrams (twelve 100-mg capsules a day), priced at approximately eighteen dollars per day. Norvir is the brand name for a patented compound called ritonavir.

After Norvir’s release, it was discovered that, when used in small quantities with another PI, Norvir would “boost” the antiviral properties of that PI. Not only did a small dose of Norvir, about 100 to 400 milligrams per day, make other Pis more effective and decrease side effects associated with high doses, but it also slowed down the rate at which HIV developed resistance to the effects…