“Skinny Labeling” Revisited

The Evolving Induced Infringement Analysis

April 30, 2019 3:15pm

Sam Park
U.S. General Counsel and Global Head of IP
Hikma Pharmaceuticals

Daniel J. Minion
Partner
Fitzpatrick, Cella, Harper & Scinto

Michael Dougherty
Partner
DLA Piper (New York, NY)

Filko Prugo
Partner
Ropes & Gray LLP (New York, NY)

  • Examining precedent where Courts have found inducement to exist when there is an element of inevitability resulting in infringement
  • Surveying decisions on infringement based on drug labels for support of execution of the infringing acts
  • Identifying strategic considerations of labeling language based on this new jurisprudence