Analysis

Generics Worry Fed. Circ. Blew Up 'Routine' Labeling Practice

Law360 (October 7, 2020, 2:35 PM EDT) -- The Federal Circuit's recent decision to revive a $235 million induced infringement verdict against Teva has left generic-drug makers scared that they'll be effectively barred from selling patent-protected drugs for approved, off-patent uses.

The Federal Circuit has revived a $235 million induced infringement verdict against Teva, a decision generic-drug makers fear could chill a "routine" labeling practice under the Hatch-Waxman Act. (AP Photo/Richard Drew)

The court's 2-1 ruling Friday said Teva Pharmaceuticals induced doctors to infringe GlaxoSmithKline's patent by touting its generic version of GSK's Coreg as a fully interchangeable generic, as opposed to one only allowed for indications not covered...

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