Mylan Inc. v. SmithKline Beecham Corp., No. 12-1539; Third Circuit; opinion by Ambro, U.S.C.J.; filed July 22, 2013. Before Judges Scirica, Ambro and Fuentes. On appeal from the District of New Jersey, No. 3-10-cv-04809. [Sat below: Judge Pisano.] DDS No. 11-8-xxxx [20 pp.]
In 2007, SmithKline Beecham Corp., now known as GlaxoSmithKline (GSK), sued Mylan Inc. for patent infringement after Mylan sought FDA approval to introduce a generic version of paroxetine hydrochloride controlled release tablets into the market before GSK's patent had expired. A subsequent patent license and settlement agreement granted Mylan exclusive rights to market and sell generic paroxetine for the remaining life of GSK's patent.
