Mylan Inc. announced that the Third Circuit Court of Appeals has reversed a summary judgment ruling dismissing Mylan's claim for breach of contract against GlaxoSmithKline relating to Paroxetine hydrochloride extended-release (ER) tablets. The court ordered that Mylan's contract claim proceed to trial in US District Court for the District of New Jersey.
Mylan had filed suit against GSK claiming that GSK's agreement to supply Apotex with Paroxetine hydrochloride ER violated Mylan's settlement and license agreement with GSK. Mylan is seeking money damages and an order permanently enjoining GSK from supplying Apotex with Paroxetine hydrochloride ER. The company is pleased with the court's decision and the case will proceed to trial.