Teva has been dealt a blow in attempts to push back in long-running litigation with GlaxoSmithKline over “skinny-label” carve-outs of generic indications in the US, after the Supreme Court refused the generics firm’s petition for certiorari review of the case.
Revolving around allegations of induced infringement, the case is focused 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. A number of rulings from various courts over the years ultimately resulted in GSK in 2020 seeing reinstated a jury finding of infringement and a $235m damages award from 2017