Does Hikma’s Vascepa Litigation Dismissal Suggest Safety For Skinny Labels?
GSK-Teva Rulings Had Been Seen As An Existential Threat To Indication Carve-Outs
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.
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As the US Supreme Court deliberates on whether to grant Teva’s petition to review its litigation with GSK over “skinny label” generics that carve out patented indications, Aziz Burgy, partner at Axinn, Veltrop & Harkrider LLP, talks to Generics Bulletin about the key issues at stake.
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An attack on Hikma’s skinny-label generic version of Vascepa by originator Amarin, claiming induced infringement of patents protecting a cardiovascular indication, has been dismissed in the US.