A U.S. appeals court agreed to reconsider a controversial October
A split three-judge panel of the U.S. Court of Appeals for the Federal Circuit had revived a $235 million patent-infringement verdict won by
The dispute is over so-called “skinny labels,” used by generic-drug makers when they are selling a copycat of a branded medicine but only for limited uses. The practice is encouraged to allow low-cost medicines on the market even when a drugmaker has discovered new treatments for a branded medicine.
The jury had found that, notwithstanding a Teva label that excluded Glaxo’s patented treatment for congestive heart failure, Teva was responsible for inducing doctors to prescribe the drug for that purpose. Jurors said Teva should compensate Glaxo for the $234 million in profits it lost to the competition plus $1.4 million in royalties on the $75 million in Teva sales.
Consumer groups and other generic-drug makers urged the Federal Circuit, the nation’s top patent court, to reconsider the decision, saying it would undermine efforts to lower drug costs.
They point to a
The February hearing will focus only on the period from Jan. 8, 2008, when the Glaxo patent was reissued, through April 30, 2011, when the Food and Drug Administration ordered Teva to amend its label. All other issues are “sufficiently briefed,” the court
The case is
To contact the editors responsible for this story:
© 2021 Bloomberg L.P. All rights reserved. Used with permission.