Client Alert: GSK v. Teva – Induced Infringement – Are “Skinny Labels” Still Viable?

On October 2, 2020, the Federal Circuit reinstated a $235.5 million jury verdict against generic drug manufacturer Teva, for the sale of its generic carvedilol product. In GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., Nos. 2018-1976, 2018-2023 (Fed. Cir. 2020), the Federal Circuit ruled that Teva’s marketing of their generic of GlaxoSmithKline’s (GSK) beta-blocker Coreg® induced infringement of GSK’s patent, despite Teva’s product having been marketed under a “skinny label” that did not recite the specific indication covered by GSK’s patent. This Federal Circuit decision has the potential to reshape how generic pharmaceutical manufacturers approach skinny labeling of generics for non-patented indications. Learn more in this Client Alert written by Freeborn Associate David Knapp.

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