Glaxo Loses Paxil Suit At Federal Circuit

Law360, New York (April 10, 2005, 12:00 AM EDT) -- In a blow to U.K. drug maker GlaxoSmithKline, the U.S. Court of Appeals for the Federal Circuit has ruled in favor of Canadian generics maker Apotex in a patent infringement lawsuit over the best-selling antidepressant Paxil.

The court ruled in an “en banc” hearing that Apotex’ generic version would infringe one claim of Glaxo’s patent for the drug, but determined that the patent was invalid due to “inherent anticipation.”

The decision overturns an earlier determination by a panel of the U.S. Court of Appeals for the...
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