US EditionCorcept v. Teva Oral Argument: Infringement by Drug Label, Again
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Corcept v. Teva Oral Argument: Infringement by Drug Label, Again
Guest post by Paul R. Gugliuzza & Jacob S. Sherkow An important recent development in pharmaceutical patent law is the Federal Circuit’s embrace of a theory we call, in a forthcoming article, infringement by drug label. In several decisions since 2021, the court has approved claims of induced infringement against generic drug companies simply because (i) the generic’s product label could be read to contain a patented method-of-use and, in some c…
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