This article was originally published in The Tan Sheet
U.S. Supreme Court denies SmithKline requested review of a New York federal appellate decision allowing Watson Pharmaceuticals to market private label OTC nicotine polacrilex gum. The high court Oct. 2 declines SB's request to consider claims the audiocassette and user's guide for Watson's private label gum infringe the Nicorette copyright. Watson began selling the gum after the Second Circuit's April ruling that the Hatch/Waxman Amendments "require generic drug sellers to use labeling that may infringe a copyright in the label of a pioneer drug" (1"The Tan Sheet" April 10, p. 8)
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