Drug company won't appeal gay rights ruling to top U.S. court

SAN FRANCISCO Tue Aug 5, 2014 5:38pm EDT

SAN FRANCISCO Aug 5 (Reuters) - AbbVie Inc will not seek U.S. Supreme Court review of a ruling in a lawsuit brought against the company that extended landmark constitutional protections for gays and lesbians, a company spokesman said on Tuesday.

The issue arose when a gay man was excluded from jury service at a trial in a lawsuit brought by GlaxoSmithKline against AbbVie over HIV pricing. The San Francisco-based 9th U.S. Circuit Court of Appeals in January had found that the man was improperly excluded because of his sexual orientation.

The court's January opinion heightened constitutional protections judges in several Western states must now apply when evaluating laws that curtail gay rights. (Reporting by Dan Levine; Editing by Leslie Adler)

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