Teva Suffers Another Blow in ‘Skinny Labeling’ Case Against GSK

A federal appeals court has upheld a decision ordering Teva Pharmaceuticals to pay $235.5 million to GlaxoSmithKline for infringing on the latter’s patent for its congestive heart failure drug Coreg (carvedilol).

The U.S. Court of Appeals for the Federal Circuit, in a 7-to-3 ruling, rejected Teva’s request to convene a new hearing on the case.

The decision has implications for the future of “skinny labeling” — a practice allowed under the Hatch-Waxman Act of 1984, which enables generics makers to manufacture a patented brand-name drug for certain narrow indications not covered by the patent.

Teva said it will seek a Supreme Court review of its case.