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ARTICLE ID 192868

$________ – BREACH – INTELLECTUAL PROPERTY – PHARMACEUTICAL GIANTS CLASH OVER GENERIC PAXIL AGREEMENT – VIOLATION OF INTELLECTUAL PROPERTY AGREEMENT.

U.S.D.C. - District of New Jersey

In this matter, a drug company resolved its breach of contract suit against another pharmaceutical giant relating to an intellectual property agreement. The dispute was resolved via settlement.

In ________, the plaintiff, Mylan Inc., entered into agreements with the defendant GlaxoSmithKline, relating to Mylan’s Abbreviated New Drug Application (ANDA) for Paroxetine Hydrochloride extended-release tablets. As per the agreement, Mylan was granted licensure to sell the only competing version of Paroxetine Hydrochloride product for the remaining nine years of the defendant’s patent. The defendant at that time sold its own Paroxetine Hydrochloride product under the brand name Paxil. The defendant was accused of later agreeing to sell a generic version to Apotex, violating the exclusivity of the ________ agreement.

The plaintiff filed suit in the United States District Court for the District of New Jersey, accusing GlaxoSmithKline of breaching their contract through the supplying of Apotex with generic Paxil. The plaintiff sought recovery of compensatory damages as well as punitives. The defendant denied the accusation. The jury found for the plaintiff and awarded Mylan $________.7 million in damages.

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