Partial success for GSK

Drugs giant GlaxoSmithKline (GSK) have won a partial victory in a patent dispute with TorPharm Pharmaceuticals, a wholly owned subsidiary of Canadian generica company Apotex, over GSK's anti-depressant drug, Paxil (paroxetine hydrochloride).

The Philadelphia based judge ruled in GSK's favour on one patent, denying the motions for invalidity and non-infringement. However, the judge ruled in Apotex's favour on a second patent, holding the patent invalid; and split the decision on the remaining two patents, holding some claims in the patents invalid but denying Apotex's motions on other claims.

The summary judgement rulings represent one element of the current legal action between GSK and Apotex. GSK is continuing to pursue litigation against Apotex in the US District Court for the Northern District of Illinois (Chicago) on its patent covering the hemihydrate form of Paxil expiring in 2006.

The news comes as something of a relief to GSK, who last year suffered the loss of US patent protection on Augmentin, the antibiotic which in the US had sales of almost US$1bn (Euro 0.95bn) in 2001. Generic copies of the drug are already being sold. Analysts estimate that up to 25% of GSK's 2001 sales will be under threat from generics within the next three years.