Mylan Takes Bid For Paxil Injunction To 3rd Circ.

Law360, New York (October 21, 2010, 2:18 PM EDT) -- A federal judge has declined to issue a preliminary injunction on Apotex Corp.'s efforts to make a copycat version of Paxil CR, prompting an immediate appeal by plaintiff Mylan Inc., which claims to hold an exclusive license to market a generic form of the SmithKline Beecham Corp. antidepressant.

SmithKline Beecham parent GlaxoSmithKline PLC and Apotex’s actions are in line with the legislative intent of the Hatch-Waxman Act to foster competition in the market, Judge Joel A. Pisano ruled Wednesday in the U.S. District Court for the...
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