In the Law360 article “Senate Bill Not Seen As Death Knell For Skinny Label Suits,” partner Jonathan Bachand offered insight into the Skinny Labels, Big Savings Act, recently proposed legislation aimed at protecting generic drug companies from patent infringement lawsuits.
The article discusses how the legislation would solidify that common actions by generic drug manufacturers – including seeking approval for or promoting a “skinny label” – would not constitute infringement.
Bachand, who is based in Knobbe Martens’ Washington, D.C. office, noted how recent decisions in Teva Pharmaceuticals and Hikma Pharmaceuticals contributed to uncertainty around whether generic drug makers could market skinny label products without inducing infringement. That uncertainty could lead to generic manufacturers avoiding the production of certain drugs and increased litigation costs, leading to higher costs for consumers, he maintained. The proposed legislation, on the other hand, “would give a lot more certainty in that arena.”
However, in light of the expected lobbying from the branded drug industry, as well as the complexity of the issue that might not be well suited for a congressional setting, Bachand predicts that the legislation will likely not see much traction. “I certainly would be pleasantly surprised that it did, but I would not place bets on it,” he said.
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