Federal Circuit Deals Blow To Glaxo In Patent Fight

Law360, New York (February 27, 2006, 12:00 AM EST) -- Generic pharmaceutical company Apotex Inc. has received a boost from a federal appeals court in its ongoing patent dispute with drug maker GlaxoSmithKline Plc. involving the widely-used antidepressant drug Paxil.

U.K.-based Glaxo had appealed to the U.S. Court of Appeals for the Federal Circuit after a district court in Pennsylvania agreed with Apotex’s claims that the patent for Paxil was invalid.

The U.S. Court of Appeals for the Federal Circuit sided with the district court saying that a previous Glaxo patent had “anticipated” the patent now...
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