The Supreme Court may soon address a recent, pivotal case involving the use of “skinny labels” to avoid inducing infringement in pharmaceutical patent infringement cases. The outcome could clarify whether and how generic drug manufacturers can use skinny labels, alone or in conjunction with other advertising or marketing activities, to avoid inducing patent infringement. Skinny labeling is the practice of including only non-patented indications on a drug label (or package insert), while carving out patented indications, in an attempt to avoid inducing infringement on patents covering the carved-out indications.

To date, court rulings have varied. Should the Court elect to hear the issue, its decision could redefine labeling and marketing practices for generic manufacturers and set the leg

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