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