GSK gets new trial against Abbott over gay juror issue -U.S. court

SAN FRANCISCO, Jan 21 (Reuters) - GlaxoSmithKline Plc deserves a new trial against Abbott Laboratories because Abbott impermissibly excluded a potential juror based onhis sexual orientation, a federal appeals court ruled onTuesday.

GSK had won a jury verdict for about $3.5 million againstAbbott over the pricing of HIV medications. At the conclusion ofthe four-week trial, the jury returned with a mixed verdict. GSKwon on some claims but lost on others.

However, GSK appealed the lower court's decision to allowAbbott to exclude the juror, and the 9th U.S. Circuit Court ofAppeals ruled that the constitution prohibits jury strikes basedon sexual orientation.