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GSK: ‘Armageddon’ Claims Overstated For Skinny-Label Generics

Originator Pushes Back Against Teva Petition For Federal Circuit ‘En Banc’ Rehearing

 
• By Dave Wallace

In a brief opposing Teva’s call for a US appeals court to rehear controversial litigation over carved-out indications and induced infringement, GSK has insisted that previous decisions in its favor do not amount to doomsday for skinny-label generics.

Armageddon Asteroid Hit Earth End Of World
GSK insists the decisions do not represent “doomsday” for skinny labels • Source: Alamy

A variety of colorful metaphors have been deployed by GlaxoSmithKline in an attempt to minimize the potential wider impact of a controversial series of rulings over skinny-label generics in the US, with the originator insisting that decisions in its favor – as part of long-running litigation with Teva over its generic version of GSK’s Coreg (carvedilol) – do not equate to a “sea change in the law of induced infringement or a death knell for the ‘skinny’ label.”

“Teva is on the wrong side of history,” GSK declares in a response brief opposing Teva’s call for the US...

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