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GSK Hits Back At Solicitor General On US Skinny Labels

Originator’s Brief Urges Supreme Court Not To Grant Teva Request To Review Case

 
• By Dave Wallace

GSK has filed a supplemental brief pushing back against a recent opinion from the US solicitor general that suggested the country’s Supreme Court should re-examine long-running litigation with Teva over skinny-label generics with carved-out indications.

Skinny label in jeans
GSK has asked the Supreme Court not to intervene over skinny labels • Source: Shutterstock

As the Supreme Court continues to mull a petition urging it to review long-running litigation between GlaxoSmithKline and Teva over “skinny label” generics and induced infringement – a case that holds wider significance for all generics that carve out patented indications under the US “section viii” pathway – the originator has filed a supplemental brief pushing back against a recent opinion from the US solicitor general that suggested that Teva’s certiorari petition should be granted.

The case has produced a number of rulings from district and appeals courts over the years, with GSK ultimately seeing reinstated an early jury finding of infringement and a $235m damages award from 2017, based on Teva’s generic version of Coreg (carvedilol) that carved out a congestive heart failure indication protected by GSK’s reissued US patent RE40,000

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