3rd Circ. Orders GSK To Trial Over Paxil Deal With Mylan

Law360, New York (July 22, 2013, 7:45 PM EDT) -- The Third Circuit on Monday revived accusations that GlaxoSmithKline LLC provided Apotex Inc. with generics of its antidepressant Paxil under a $480 million antitrust settlement despite promising that only Mylan Inc. would sell competing versions, rebuking a lower court for denying Mylan a fair hearing.

A three-judge panel reversed GSK’s victory over Mylan’s claims that it breached a 2007 deal stemming from Mylan’s attempt to market a new version of GSK-patented paroxetine hydrochloride tablets, saying a lower court failed to examine if the agreement contained a...
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