Plaintiffs v. Abbott Laboratories, an Illinois Corporation, Defendant.

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1 ("HIV") as a result of perinatal transmission of the virus from.2 their HIV-infected mothers. Plaintiffs developed a theory for
3 preventing the maternal-fetal transmission of HIV. The
4 ramifications of this theory affects not only HIV-infected
5 newborns, but could potentially benefit millions of people
6 through the development of a vaccine that prevents and arrests.J HIV infection.
8 10. Concurrently with the development of the
9 Plaintiffs' theory, Abbott Laboratories, the defendant in this
10 action, developed a drug, Hyperimmune Anti-HIV Intravenous
11 Immunoglobulin ("HIVIG"), designed to treat, arrest and prevent
12 the transmission of AIDS. HIVIG had already undergone the
13 extensive testing necessary to secure Food and Drug
14 Administration ("FDA") approval and was ready for testing on
15 humans. All Abbott lacked was the opportunity.
16 11. The theory developed by Plaintiffs provided Abbott
17 with the opportunity to test HIVIG on human subjects. The next
18 step was to develop a study proposal and procure the funding
19 necessary to carry out the study. Over the course of
20 approximately two years, Plaintiffs, Abbott, and others developed
21 a proposal for a nationwide study.
22 12. The funding was successfully procured. In an
23 unprecedented turn of events, three federal agencies pledged
24 their financial and organizational support for the study -- the
25 National Institute of Allergy and Infectious Disease ("NIAID"),
26 the National Heart, Lung and Blood Institute ("NIHBI") and the
27 National Institute of Child Health and Human Development
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