Court rules in favor of Mylan in suit against GSK over antidepressant drug

PITTSBURGH — A federal court has ruled that a Mylan lawsuit against GlaxoSmithKline over an antidepressant drug can go to trial, Mylan said Tuesday.

Mylan alleges that GlaxoSmithKline breached a contract the two companies had made when it agreed to supply competing drug maker Apotex with paroxetine hydrochloride extended-release tablets, a generic version of Paxil CR. The Third Circuit Court of Appeals' ruling reversed a summary judgment dismissing Mylan's claim.

Mylan and GlaxoSmithKline had made the contract in October 2007 to settle a lawsuit GSK had filed against Mylan when the latter sought to market a generic version of the drug. The contract gave Mylan a patent license and the right to market the drug starting in October 2008.

Mylan said GSK's agreement with Apotex violated that contract and is seeking to have GSK permanently prevented from supplying Apotex with the drug.

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