The US Court of Appeals for the Federal Circuit’s ruling on Teva Pharmaceuticals USA Inc.’s use of a label carve-out is continuing to reverberate through the biopharmaceutical industry, as generic and biosimilar makers consider its impact on labeling, litigation and marketing.
Karin Hessler, deputy general counsel for the Association for Accessible Medicines, laid out their concerns about the decision at the Food and Drug Law Institute’s 13-15 October virtual conference on advertising and promotion for medical products. The case concerns Teva’s carveout of a patented indication from the labeling of its generic version of GlaxoSmithKline plc’s Coreg (carvedilol)