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

Split Federal Circuit Refuses ‘En Banc’ Rehearing Of Labeling Carve-Out Case

 
• By David Wallace
  
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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.

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The appeals court refused to rehear the case on labelling carve-outs

Teva has lost the latest round in its long-running battle with GlaxoSmithKline over skinny-label generics, after the US Court of Appeals for the Federal Circuit refused to re-examine previous rulings in the litigation, which revolves around generic labels that carve out patented indications and which industry representatives have suggested could pose a threat to the skinny-label regime in the US.

In a 6-3 split decision, the Federal Circuit denied Teva’s petition for it to rehear the litigation “en banc” –...

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