SAN FRANCISCO Jan 21 GlaxoSmithKline Plc deserves a new trial against Abbott Laboratories because Abbott impermissibly excluded a potential juror based on his sexual orientation, a federal appeals court ruled on Tuesday.
GSK had won a jury verdict for about $3.5 million against Abbott over the pricing of HIV medications. At the conclusion of the four-week trial, the jury returned with a mixed verdict. GSK won on some claims but lost on others.
However, GSK appealed the lower court's decision to allow Abbott to exclude the juror, and the 9th U.S. Circuit Court of Appeals ruled that the constitution prohibits jury strikes based on sexual orientation.