Legal Opinion
Mylan Inc. v. Smithkline Beecham Corp.
Court of Appeals for the Third Circuit
Decided July 22, 2013No. 12-1539PublishedCited by 54 opinions
1Opinion of the Court
OPINION OF THE COURT
AMBRO, Circuit Judge.
This case involves competing rights over the pharmaceutical paroxetine hydrochloride controlled release tablets (“paroxetine”) in generic form. Defendant/Appellee GSK 1 holds patent and FDA rights to market and sell paroxetine for the treatment of depression under the brand name Paxil CR. 2 As part of a 2007 settlement agreement, GSK granted PlaintiffiAppellant “Mylan” (jointly and severally referring to Mylan Inc. and Mylan Pharmaceuticals Inc.) certain rights to produce, market, and sell generic paroxetine. Then, in 2010, GSK agreed — as part of an…
2Cases cited31 opinions
- Nixon v. Warner Communications, Inc.Supreme Court of the United States · 1978
- Lightning Lube, Inc. v. Witco Corp.Court of Appeals for the Third Circuit · 1993
- Printing Mart-Morristown v. Sharp Electronics Corp.Supreme Court of New Jersey · 1989
- Publicker Industries, Inc. v. CohenCourt of Appeals for the Third Circuit · 1984
- Elliot Fineman the Industry Network System, Inc. v. Armstrong World Industries, Inc.Court of Appeals for the Third Circuit · 1992
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3Cited by54 opinions
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- Ahmed Bakran v. Secretary United States DepartCourt of Appeals for the Third Circuit · 2018
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