The Teva case is directly on point. Teva's label mentioned hypertension not congestive heart failure (the patented method) of GSK's drug. But these drugs are therapeutically equivalent. Guess what: still infringement.
Again skinny label completely gutted.
This ruling is a must read this weekend.
From the dissent opinion which does a good job of laying out the ramifications of what this all truly means:
"The Majority thereby allows one patented method to discourage generics from marketing skinny labels—thus, slowing, rather than
speeding, the introduction of low-cost generics."
The skinny label in our case is the Marine Indication that is not patented thanks to Judge Du. Our patented method in this case is the REDUCE-IT indication. Generic Vascepa and Vascepa are therapeutically equivalent.
Checkmate.
The generics thought they had us but then this ruling dropped today. It's a must read.
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