Alston & Bird won $13.7 million in supplemental damages for clients Mylan Inc. and Mylan Pharmaceuticals, global leaders in generic and specialty pharmaceuticals, as part of an ongoing dispute against GlaxoSmithKline LLC (GSK) regarding a breach-of-contract claim over the production and sale of a generic form of Paxil CR, a popular antidepressant.
In March 2014, a jury awarded Mylan Inc. and Mylan Pharmaceuticals $106 million in damages for violations by GSK of a 2007 agreement granting Mylan an exclusive right to market and sell a generic version of Paxil CR. The jury found that GSK had breached its contract by subsequently allowing a third party, Apotex, to sell generics of the drug in 2010. Alston & Bird also secured a court-ordered permanent injunction blocking GSK from making future sales of any generic form of Paxil CR.
The Alston & Bird team was led by partner Frank Smith, supported by partners Natalie Clayton and Michael Johnson, senior associate Christina Spiller and associates Leah Feinman and Wade Perrin (Intellectual Property Litigation).