Gasper LaRosa

Jul 8, 2024 | lexology.com | Anthony Insogna |Sarah A. Geers |Matthew Hertko |Andrea Weiss Jeffries |Gasper LaRosa |John Normile

In ShortThe Situation: The Hatch-Waxman Act allows generic drug manufacturers to "carve out" a brand's patented indications from their proposed labeling. Generic manufacturers often rely on these so-called "skinny labels" to try to avoid findings of infringement in standard Hatch-Waxman cases, but in post-marketing situations, the generic's "skinny label," coupled with its public statements, can be evidence of induced infringement even as to the carved out, patented uses.