Activists Take HHS to Court Over Secret Gilead HIV Drug Deal
The Lawsuit That Could Crack Open Big Pharma’s Playbook
Activists demand transparency in a high-stakes fight over HIV prevention
A coalition of AIDS activists just filed a lawsuit against the U.S. Department of Health and Human Services (HHS), and it’s not your typical bureaucratic skirmish. They’re demanding the feds cough up details of a murky settlement with Gilead Sciences over patents for Truvada, the HIV prevention pill that’s been at the center of pricing scandals and access battles for years.
The activists—led by PrEP4All and the Treatment Action Group—aren’t just tilting at windmills. They’re armed with FOIA (Freedom of Information Act) requests that HHS has stonewalled since 2022. The question at the heart of this fight: Did the government let Gilead off the hook for potentially billions in royalties owed to taxpayers?
Gilead’s Truvada, and its newer cousin Descovy, are critical tools in ending the HIV epidemic. But here’s the kicker: the core science behind these drugs was developed with federal funding. That means the U.S. government holds patents on them—patents Gilead allegedly ignored while raking in $36 billion from Truvada alone.
The Billion-Dollar Shell Game
How Gilead played the patent system—and who let it happen
Back in 2019, the feds finally sued Gilead, arguing the company owed royalties for using government patents in Truvada. The case should’ve been a slam dunk. CDC researchers literally invented the PrEP (pre-exposure prophylaxis) regimen that made Truvada a blockbuster. But in 2022, HHS quietly settled—with zero public disclosure of terms.
‘This isn’t just about money,’ says James Krellenstein, PrEP4All’s co-founder. ‘It’s about whether our health agencies work for pharma or patients.’ Activists suspect the settlement was a sweetheart deal, noting Gilead’s history of cozy relationships with government officials. Case in point: Former CDC director Robert Redfield later joined Gilead’s scientific advisory board.
The timing stinks too. The settlement came just as Gilead faced a separate $1.2 billion lawsuit from 26 states over Truvada pricing. Did HHS give them a pass to avoid rocking the boat? The activists’ lawsuit might finally force an answer.
Why This Fight Matters Beyond HIV
A precedent for who profits from taxpayer-funded research
This isn’t just about one drug or one company. It’s about the broken system that lets Big Pharma privatize publicly funded breakthroughs. The NIH spends $45 billion annually on research, but Americans then pay top dollar for the resulting drugs. Moderna’s COVID vaccine? Developed with NIH science. Pfizer’s cancer drugs? Ditto.
‘Gilead’s case is the tip of the iceberg,’ says Lynda Dee, a veteran AIDS activist. ‘If HHS won’t enforce patents it owns on a lifesaving drug, what’s the point of public research?’ The activists want the Truvada settlement unsealed as a test case—one that could pressure HHS to claw back royalties on other drugs too.
The lawsuit also lands as the Biden administration faces heat over drug pricing reforms. After Medicare negotiation wins, advocates ask: Why isn’t HHS fighting harder on patents it already holds? The DOJ has until September 12 to respond. Meanwhile, Gilead keeps charging $2,000/month for Descovy—a drug that, like Truvada, might not exist without CDC scientists.
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