Intellectual Property
Nov. 16, 2020
Ruling may diminish ability to avoid induced infringement liability
Recently, the U.S. Court of Appeal for the Federal Circuit issued a split panel decision on induced infringement.
Vern Norviel
Partner
Wilson Sonsini Goodrich & Rosati PC
Vern is a senior practitioner in the firm's Patents and Innovations Strategies practice.
Charles Andres
Senior counsel
Wilson Sonsini Goodrich & Rosati PC
Charles is senior counsel in the firm's Patents and Innovations Strategies practice and the firm's U.S. Food and Drug Administration, Healthcare, and Consumer Products Compliance practice.
Recently, the U.S. Court of Appeal for the Federal Circuit issued a split panel decision on induced infringement in GlaxoSmithKline LLC v. TEVA Pharmaceuticals USA, Inc., 2018-1976, 2018-2023 (Oct. 2, 2020). The court’s decision, if upheld, may limit the ability of a generic drug maker to avoid induced patent infringement liability, even where the generic drug maker carves out from its label indications covered by the claims of an issued pa...
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