United States Third Circuit

Summary judgment to defendants in a dispute over competing rights over the rights to sell the pharmaceutical paroxetine in generic form is: 1) reversed and remanded as to plaintiff's breach of contract claim, where the district court erred in not considering plaintiff's alternative meaning of the Authorized Generic Clause in the parties' Agreement as precluding defendant from supplying a third-party generic competitor with paroxetine for marketing and sale to downstream customers; but 2) affirmed in all other respects.

Appellate Information

• Decided 07/22/2013
• Published 07/22/2013

Judges

• AMBRO

Court

• United States Third Circuit

Counsel