GlaxoSmithKline defence to Biota lawsuit delayed

By Renate Krelle
Tuesday, 12 April, 2005

GlaxoSmithKline has missed the timetabled April 8 deadline for the filing of its defence to Biota's lawsuit, set by Victorian Supreme Court Justice Whelan in Feburary.

"[GSK] needs more time to make sure the defence is meaningful and accurate," said a spokesperson for GSK today. "We hope that Biota and the court understand this." She said that GSK planned to file the defence by May 11.

Biota sued GSK last May over the pharma company's handling of Biota's anti-flu drug Relenza since its launch in 1999, claiming breach of contract and breach of fiduciary duty in promoting the drug and seeking compensation for lost royalties. Three tranches of discovery were scheduled for April 15, May 27 and June 24.

"The delay in filing shouldn't alter the overall timetable, and should not delay mediation which is planned to take place before the end of November," said the spokesperson. "We will be supplying Biota's lawyers with many thousands of documents by April 15 and further documents in May and June."

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