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‘Skinny Label’ Litigation: Generic Firms Rethinking Strategy, May Pursue Legislation

Executive Summary

Generic manufacturers are being cautious on label carve-outs to avoid claims of induced infringement. Bright line rules are necessary, attorney says, and if GSK v. Teva decision is not reversed, legislation will be needed to preserve skinny label. Insurers also face potential liability for placement of skinny-label generics on formularies.

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