Teva Loses Bid for Third Appellate Look at Drug Label Fight (2)

The full Federal Circuit declined to rehear a generic drug labeling case that has already gone through the appellate court twice, paving the way for a Supreme Court fight that could affect how lower-cost medications come to market.

Teva Pharmaceuticals USA Inc. had asked the U.S. Court of Appeals for the Federal Circuit to reconsider a decision from August 2021, that the company’s label on a copycat version of GlaxoSmithKline Plc‘s Coreg heart drug led doctors to prescribe the generic for an infringing use.

Drug industry critics say that decision threatens the practice of skinny labeling under the Hatch-Waxman ...