Court Refuses to Dismiss Flonase Lawsuit Against GSK

GlaxoSmithKline (GSK) has lost a court bid to dismiss a Roxane Laboratories lawsuit that claimed GSK filed a series of sham citizen petitions in an effort to delay generic competition for its nasal spray Flonase. The U.S. District Court for the Eastern District of Pennsylvania disagreed with GSK’s defense, which did not address the citizen petitions but claimed that Roxane had failed to prove it was prepared to enter the market, as required to file an antitrust suit, with a generic Flonase (fluticasone propionate) at the time GSK’s patent expired in 2004, according to a ruling.
Drug Industry Daily