GSK: ‘Armageddon’ Claims Overstated For Skinny-Label Generics
Originator Pushes Back Against Teva Petition For Federal Circuit ‘En Banc’ Rehearing
In a brief opposing Teva’s call for a US appeals court to rehear controversial litigation over carved-out indications and induced infringement, GSK has insisted that previous decisions in its favor do not amount to doomsday for skinny-label generics.
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GSK has lodged its opposition to Teva’s bid to resurrect long-running US litigation over “skinny-label” indication carve-outs at the Supreme Court level, claiming that Teva’s warnings of a “doomsday scenario” for generics are overstated.
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.
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.