SCO­TUS de­clines to take up 'skin­ny' la­bel gener­ic drug case, rais­ing ques­tions about fu­ture carve outs

The Supreme Court de­cid­ed on Mon­day to not take up a con­tro­ver­sial court de­ci­sion that may have rip­ple ef­fects across the gener­ic drug in­dus­try. The in­dus­try has long been al­lowed to bring gener­ic drugs to mar­ket by carv­ing out the la­bel to avoid cer­tain in­di­ca­tions that are still un­der patent pro­tec­tion. Now that prac­tice may be in jeop­ardy.

So-called “skin­ny” la­bel gener­ic drugs haven’t been con­tro­ver­sial un­til more re­cent­ly, when a court bat­tle be­tween Te­va and Glax­o­SmithK­line over GSK’s be­ta-block­er Coreg (carvedilol), which Te­va launched a gener­ic of in 2007, ig­nit­ed ques­tions around the fu­ture of such carve-outs.

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