Innovative pharma has had three decisions from the US Court of Appeals for the Federal Circuit to cheer about recently: Sanofi v Watson in 2017, Vanda v West-Ward in 2018, and GSK v Teva in 2020.
Strategically-minded in-house and private practice counsel in the innovator pharma space should look to this trilogy of label-related rulings to help them create comprehensive patent prosecution and litigation strategies for their clients.
In this article, we will review each of these cases and discuss how they help the innovative pharma industry. With respect to GSK v Teva, we note that on February 9, 2021, the Federal Circuit withdrew the opinion we have discussed below and granted rehearing of the appeal on the merits.
Oral argument was held on February 23, 2021 – stay-tuned for the panel's rehearing decision.
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Originally published by Managing Intellectual Property
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