Te­va calls on SCO­TUS to take up bat­tle over 'skin­ny' gener­ic drug la­bels

Te­va Phar­ma­ceu­ti­cals this week called on the US Supreme Court to pro­tect a long­stand­ing prece­dent that al­lows gener­ic drug com­pa­nies to carve out and mar­ket cer­tain in­di­ca­tions for a patent­ed ref­er­ence prod­uct — known as a “skin­ny” la­bel” — which have fall­en in lim­bo thanks to a Fed­er­al Cir­cuit court de­ci­sion last sum­mer.

“A di­vid­ed pan­el of the Fed­er­al Cir­cuit has blown a hole in the care­ful­ly cal­i­brat­ed regime gov­ern­ing the mod­ern pre­scrip­tion-drug mar­ket­place. The re­sult is to al­low a nar­row patent on one way of us­ing a drug to com­plete­ly block any gener­ic com­pe­ti­tion, po­ten­tial­ly for years — pre­cise­ly the op­po­site of what Con­gress pre­scribed,” Te­va wrote in urg­ing SCO­TUS to take up the case.

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