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A “skinny label” is a label on a generic pharmaceutical product that “carves out” (eliminates) the listing of an indication or disease for which the reference drug has been approved. Generic manufacturers use skinny labels to try to avoid “inducing” infringement of branded patents that claim the treatment of the carved-out diseases. But sometimes infringement can still be found. In what many see as a pivotal case – Glaxo v. Teva – the Federal Circuit found infringement despite a skinny label. The panelists will discuss the law of induced infringement before and after Glaxo v. Teva; what that case portends for the future; and what the U.S. Supreme Court may or may not do with the case.
- The Law of Infringement by Inducement Generally
- Inducement in the Context of Hatch-Waxman Cases – Pre-Glaxo v. Teva
- Glaxo v. Teva at the District Court Case
- Glaxo v. Teva at the Federal Circuit
- Supreme Court Petition for Certiorari
- Perspectives – Discussion