Teva-GSK Drug Labeling Fight Needs High Court Review, DOJ Says

March 29, 2023, 10:42 PM UTC

The US Supreme Court should weigh-in on a long-running generic drug labeling dispute between Teva Pharmaceuticals and GlaxoSmithKline Plc that could affect how lower-cost medications come to market, the US solicitor general said in a Wednesday brief.

The government argued that “skinny labeling” for a generic medicine is not itself evidence of an intent to induce patent infringement, urging the justices to correct a federal appeals court’s holding to the contrary. Skinny labeling is a common pharmaceutical practice that involves leaving a name-brand drug’s patented uses off of a generic label to avoid liability.

“If allowed to stand, the ...

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