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).
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).