Glaxo has right to sell generic Paxil

Judge denies Mylan's bid to block sale to Apotex

Good news for GlaxoSmithKline Plc. (GSK). U.S. District Judge Joel Pisano ruled yesterday that the pharmaceutical giant has the right to sell an authorized copy of its antidepressant Paxil CR to Canadian pharmaceutical company Apotex Inc.

Generic drug company Mylan Inc. filed suit against GSK in October 2010 for breach of contract, claiming that GSK violated the terms of a licensing agreement by working with Apotex to sell a Paxil copy. Mylan and GSK had signed a two-year agreement in 2008 to market a copy of the drug.

However, Judge Pisano decided that the license between Myland and GSK was clear and unambiguous and, therefore, allowed GSK to work with any company it desired.

“The language plainly states that GSK may commence marketing and selling of authorized generic Paxil CR after Mylan’s two-year period of exclusivity,” Judge Pisano wrote in his decision, according to Bloomberg. “GSK did exactly that. It marketed and sold authorized generic Paxil CR to Apotex.”

For more, read Bloomberg.

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