Teva Patent Case Redo Spotlights Use of Generic ‘Skinny Labels’

Feb. 11, 2021, 10:30 AM UTC

A Federal Circuit rehearing in a patent case against Teva Pharmaceutical Industries Ltd. could offer clarity over the extent to which generic drugmakers can rely on a once surefire practice for quick market entry.

At the center of the debate is the use of “skinny labels,” which generic companies depend on to sell copycat versions of a branded medicine, but only for limited uses. The initial appeals court ruling threw into question the viability of that practice, which has provided a gateway for many drugmakers to enter the market without infringing a brand owner’s patent for a particular indication.

The ...

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