Patent Settlements May Break EU Law

UK’s Paroxetine Referral Raises Competition Issues

Patent-litigation settlements reached almost 20 years ago in the UK over GSK’s Seroxat paroxetine antidepressant may contravene EU competition law, an advocate general has advised the CJEU.

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Settling EU patent disputes on temrs that include payments could contravene competition law, a CJEU advocate general has warned • Source: Shutterstock

Settling patent disputes can break European Union law by restricting competition and abusing a dominant position, an advocate general to the Court of Justice of the EU has advised in a case referred by the UK regarding deals between several generics companies and GlaxoSmithKline over the antidepressant Seroxat (paroxetine).

In response to a referral by the UK’s Competition Appeal Tribunal, advocate general Juliane Kokott recommended that the CJEU state...

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