US Court Offers Second Chance On GSK-Teva ‘Skinny Label’ Ruling

Controversial Appeals Court Decision On Carve-Outs To Be Re-Examined

A controversial ruling that threatens so-called “skinny label” carve-outs of patented indications by US generics will be re-examined by the Court of Appeals for the Federal Circuit, following a petition by Teva.

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The appeals court will take a second look at the case • Source: Shutterstock

Teva has succeeded in convincing the US Court of Appeals for the Federal Circuit to re-examine a controversial decision over induced infringement by generics that carve out patented indications from their labels, after a 2-1 split panel of the court’s judges ruled against the generics firm in October last year.

The appeals court said on 9 February that it would rehear aspects of the case, although stopped short of granting...

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