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

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

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?

Hand Holding Up Three Fingers On Green Background
The AAM is hoping for a favorable appeals court ruling at the third attempt • Source: Alamy

The long-running saga of US litigation between Teva and GlaxoSmithKline over skinny-label generics that carve out patented indications has taken another turn, as the US Court of Appeals for the Federal Circuit has been asked to rehear the litigation “en banc” – before the entire bench – after a pair of split decisions by a panel of three judges came down on the side of GSK.

In October 2020, a 2-1 split decision of the appeals court reinstated a jury finding of infringement and a $235m...

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