US Court Offers Second Chance On GSK-Teva ‘Skinny Label’ Ruling
Controversial Appeals Court Decision On Carve-Outs To Be Re-Examined
A controversial ruling that threatens so-called “skinny label” carve-outs of patented indications by US generics will be re-examined by the Court of Appeals for the Federal Circuit, following a petition by Teva.
You may also be interested in...
Teva will not get a third hearing at the US Court of Appeals for the Federal Circuit in its long-running dispute with GSK over skinny-label generics, after the appeals court rejected a petition for the full bench to re-examine the case.
In a brief opposing Teva’s call for a US appeals court to rehear controversial litigation over carved-out indications and induced infringement, GSK has insisted that previous decisions in its favor do not amount to doomsday for skinny-label generics.
An amicus brief filed by the AAM has backed Teva’s bid to have the US Court of Appeals for the Federal Circuit rehear litigation with GSK that revolves around skinny-label generics that carve out patented indications. But after a pair of controversial prior decisions in the originator’s favor, will the third time be the charm?