Patent Attorney Randy McCarthy for Biopharma Dive- Generic drugmakers gain key victory in ‘skinny label’ patent case

June 2026

Biopharma Drive

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“The question has been, ‘what types of active steps are required in order to induce infringement?’ A more permissive standard has been evolving among the lower courts over the past several years,” said Randy McCarthy, head of intellectual property law at law firm Hall Estill, in a statement. “This decision by the Supreme Court significantly redefines and tightens the requirements for induced infringement, providing a far more bright-line test and, from a practical standpoint, has made it significantly harder to prove in future cases.”