Federal Circuit Ruling Highlights Risks for Generic-Drug Makers in Promotional Practices

The recent decision by the Federal Circuit underscores the critical need for generic-drug companies to carefully consider their public communications when marketing drugs with remaining patent-protected uses. Even if they meticulously craft their so-called skinny labels to exclude mentions of these protected indications, the implications of their broader advertising efforts cannot be overlooked according to legal experts. This ruling serves as a stark reminder that avoiding explicit references on the label itself might not be sufficient to ward off legal challenges.