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Third Time Lucky For GSK-Teva ‘Skinny Label’ Review?

AAM Weighs In As Part Of Bid For ‘En Banc’ Appeals Court Rehearing

Executive Summary

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?

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Appeals Court Rehearing Rejected In Teva-GSK Skinny-Label Saga

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.

Does Hikma’s Vascepa Litigation Dismissal Suggest Safety For Skinny Labels?

An induced-infringement attack on Hikma’s skinny-label generic version of Vascepa had been cited as evidence of the potential harm that would be caused by controversial rulings in separate litigation involving GSK and Teva. However, these fears may now appear overstated after the claim against Hikma was dismissed.

Induced Infringement And Price Fixing Among Legal Headlines In 2021

In 2021, courts across the US and beyond continued to weigh key patent litigation fights, alongside the thorny issue of induced infringement via label carve outs and controversial charges for generic price fixing.

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