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Generic Paxil Is Legal, Supreme Court Rules

Law360 (June 19, 2006, 12:00 AM EDT) -- Generic versions of the popular antidepressant drug Paxil will be allowed to stay on the market, after the U.S. Supreme Court ruled Monday that a lower court had properly decided against patent protection for Paxil’s maker, GlaxoSmithKline Plc.

Glaxo had filed an appeal to the lower court ruling, asking the Supreme Court whether its patent on the main ingredient in Paxil was rightly ruled invalid just because separate inventors had each discovered it by accident.

But the U.S. Solicitor General’s office said the U.S. Circuit Court...
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