Knobbe Martens partner Sheila Swaroop was quoted by Law360 in the article “Patent Cases To Watch In The Second Half Of 2022”.
Ms. Swaropp spoke on Teva Pharmaceuticals USA Inc. v. GlaxoSmithKline LLC, a patent infringement case involving the generics industry. The case involves “skinny labels”, which allows generic manufacturers to seek approval for only the unpatented uses of a drug.
Speaking on the meaning and significance of the case, Swaroop said that “one important aspect of the Federal Circuit’s ruling was that it said the evidence outside the label, like statements and marketing materials, can be used to find that a generic company induced others to use the drug for infringing purposes that weren’t on the skinny label.” Furthermore, she adds: “That’s really the significance of this case: If there’s going to be additional guidance in terms of what evidence courts will consider when evaluating infringement of pharmaceutical patents, where the proposed label has carved out specific uses.”
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