In enacting Hatch-Waxman, Congress did not provide generic companies with preferential treatment for skinny labeling inducement. Professors Tu and Kesselheim argue against nullifying skinny label carveouts entirely after the GSK v. Teva case.
Recent court rulings show that skinny labeling strategies persist as courts emphasize fact-specific inducement analysis. Broad infringement safe harbor proposals post-GSK may deter new treatment investments, vital for innovation protection.
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