News & Analysis as of

Teva Pharmaceuticals Induced Infringement

A&O Shearman

SCOTUS denies cert in skinny label appeal from the Federal Circuit

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On May 15, 2023, the Supreme Court of the United States denied Teva Pharmaceuticals USA, Inc.’s (“Teva”) petition for certiorari in Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline, LLC, ending a nearly nine-year court...more

Jones Day

Federal Circuit Vacates Judgment, Reinstates Jury's Verdict of Induced Infringement

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Background - On August 5, 2021, the Federal Circuit issued an opinion in GlaxoSmithKline v. Teva Pharmaceuticals, Case No. 18-1976, in favor of GSK, finding that Teva was liable for inducing infringement of GSK's patent....more

Proskauer - Life Sciences

GSK v. Teva: Federal Circuit Issues New Opinion Analyzing Induced Infringement

On August 5, 2021, the Federal Circuit withdrew its October 2020 opinion in GSK v. Teva, summarized in this post on induced infringement of method-of-treatment claims, and issued an opinion that reiterated the prior holding...more

Cooley LLP

Alert - GSK v. Teva: Federal Circuit Opinion After Rehearing Confirms Induced Infringement Liability Despite Skinny Label

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In October 2020, as reported in a previous Cooley alert, the US Court of Appeals for the Federal Circuit reinstated a jury’s verdict that Teva infringed GSK’s patented method of using its Coreg drug product, even though...more

Knobbe Martens

Ineffective Skinny Label Leaves Generic Liable Despite Effort to Carve-Out the Patented Indication

Knobbe Martens on

GLAXOSMITHKLINE LLC v. TEVA PHARMACEUTICALS USA, INC. [OPINION] – PRECEDENTIAL - Before Moore, Newman, Prost (dissent). Panel rehearing of an appeal from the U.S. District Court for the District of Delaware - Summary:...more

Locke Lord LLP

Federal Circuit Places “Skinny Labels” Back in Danger

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On October 2, 2020, the Federal Circuit issued a precedential opinion vacating a district court’s judgment as a matter of law and reinstating a jury verdict finding of induced infringement of a patented use that had been...more

Locke Lord LLP

Federal Circuit Places “Skinny Labels” in Danger

Locke Lord LLP on

Section viii of the Hatch-Waxman Act, 21 U.S.C. § 355(j)(2)(A)(viii), allows a generic applicant to “carve out” indications and other use information from its labeling that are protected by patents listed in FDA’s Orange Book...more

McDermott Will & Emery

Federal Circuit Restores Induced Infringement Verdict Against Teva

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Addressing the issue of whether a generic pharmaceutical company can be found to induce infringement even when all patented uses have been “carved out” of the label (resulting in a so-called “skinny label”), the US Court of...more

Haug Partners LLP

Induced Infringement: The Federal Circuit Addresses the Role of Skinny Labels in the Determination of Induced Infringement for...

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On October 2, 2020, the Federal Circuit issued a decision in GlaxoSmithKline LLC v. Teva Pharm. USA, Inc.1 that addressed whether a generic drug manufacturer induced infringement of a method of use patent when its product...more

McDonnell Boehnen Hulbert & Berghoff LLP

GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2020)

What Quantum of Culpable Conduct Is Required for an ANDA Applicant to Induce Infringement? The back-and-forth, (almost) cat-and-mouse-like competition between branded innovator and generic drug makers sanctioned under the...more

Cooley LLP

Alert: GSK v. Teva – Induced Infringement Liability Despite Skinny Label

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In GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., the Federal Circuit reinstated a jury's verdict that Teva infringed GSK's patented method of using its Coreg® drug product, even though Teva's product was initially...more

Knobbe Martens

Skinny Labelling on Generic Drugs Does Not Avoid Induced Infringement of Patents Covering Non-Indicated Uses

Knobbe Martens on

GLAXOSMITHKLINE LLC v. TEVA PHARMACEUTICALS USA, INC. [OPINION] – PRECEDENTIAL - Before Prost, Newman, and Moore. Appeal from the U.S. District Court for the District of Delaware - Summary: Evidence of inducement for...more

McDermott Will & Emery

Teva’s Skinny Label Found Not to Induce Infringement by Off-Label Use

McDermott Will & Emery on

The US District Court for the District of Delaware granted in part Teva Pharmaceuticals’ renewed motion for judgment as a matter of law (JMOL), finding that substantial evidence did not support the jury’s finding of induced...more

Kilpatrick

Judge Stark (D. Del.) Holds Generic Label is Insufficient to Prove Induced Infringement

Kilpatrick on

GlaxoSmithKline v. Teva, No. 14-878-LPS-CJB (D. Del)- Following a seven-day trial last year, a jury found that Teva willfully induced infringement of claims of U.S. Patent No. RE40,000 from January 2008 to April 2011...more

Morris James LLP

Objections to Magistrate’s R & R are overruled in pharma case.

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Stark, C. J. Defendants’ objections to the Magistrate’s Report and Recommendation are overruled. Defendants’ motions are granted in part and denied in part to the same extent as in the Report. ...more

Moore & Van Allen PLLC

Congress Takes Up Patent Litigation Reform – Innovation Act Reintroduced, Supreme Court Cases Examined

Congress v SCtPatent litigation reform has been on the U.S. House Judiciary Committee agenda, with the recent reintroduction of legislation seeking to address patent litigation abuses and a hearing examining recent U.S....more

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