Glaxo’s patent is for the use of the compound carvedilol to lessen the chance of death from congestive heart failure. The company claimed that Teva infringed the patent, even when it was selling its generic version of Coreg only for hypertension.
Teva began selling a generic version of the drug in 2007, when the main patent on it expired. Teva argued that it wasn’t responsible for the actions of doctors who prescribed the generic for congestive heart failure, because the doctors were acting based on knowledge of Coreg’s uses that they learned from Glaxo.
Glaxo argued that Teva marketed the generic version as being the same as Coreg, leading doctors to prescribe it for heart failure in violation of the patent. The patent expired in June 2015, but the June 2017 verdict was based on Teva’s sales of its generic before the patent expired.
In dissent, Circuit Judge Sharon Prost