Fed. Circ. Tailors Arguments After Teva Skinny Label Outcry

Law360 (February 23, 2021, 8:46 PM EST) -- A Federal Circuit panel zeroed in Tuesday on facts specific to whether Teva induced infringement of GlaxoSmithKline's drug Coreg in a do-over hearing after the panel's initial decision drew criticism that it ended a labeling practice expressly allowed under the Hatch-Waxman Act.

The three-judge panel focused the remote rehearing on tailored questions about Teva's label and marketing practices following concerns that its 2-1 decision in October altered broader law about when drugmakers can sell generic versions of patent-protected drugs for unpatented uses.

The earlier decision, which revived a $235 million verdict for GSK before being vacated on Feb. 9, had found that...

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