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Glaxo and Bentley agree to dismiss Spanish Paxil claims

A Spanish court has terminated judicial proceedings between Bentley Pharmaceuticals and GlaxoSmithKline, after the companies agreed to dismiss all patent infringement claims relating to the active ingredient in the antidepressant Paxil in Spain.

This settlement arises out of a suit brought by Glaxo against Bentley in October 2003, alleging that Bentley had violated Glaxo’s patents in the production of paroxetine products after Bentley launched its paroxetine product line in May 2003. Glaxo markets paroxetine as Paxil, for the treatment of depression, social anxiety disorder and panic disorder.

The complaint, which was brought in Madrid against Bentley’s Spanish subsidiaries, followed a preliminary injunction that Glaxo sought against Bentley in 2003 that was dismissed in June 2003. This 2005 agreement also dismissed Bentley’s counterclaim requesting that the court declare Glaxo’s asserted patent invalid.

Glaxo recently reported that sales of the antidepressants Wellbutrin and Paxil have fallen dramatically due to generic competition, which has affected Paxil IR in particular.