Blake Coblentz will join a panel discussing skinny labeling on a pharmaceutical product. At the time of press, the Federal Circuit vacated its prior ruling finding induced infringement based on so-called skinny labeling on a pharmaceutical product in GSK v. Teva (Fed. Cir. Feb. 9, 2021). As we await a final decision, this panel will provide strategies and tactics in view of the decision, including:
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Reevaluating claim and label language for optimal drafting
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Analyzing what types of evidence should be used to prove infringement
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Understanding second medical use patents and carve-out strategies
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Clarifying the patentability of further medical use inventions
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Outlining the implications of the Federal Circuit decision striking down labeling carve-outs
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Determining whether post-filing evidence is admissible to show insufficient disclosure of further medical use
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Balancing competing interests in promoting innovation v. permitting generic drugs