A drug label is a vital piece of information in patent cases, but a series of recent decisions from the U.S. Court of Appeals for the Federal Circuit have changed how the court assesses claims. In a forthcoming article in the Stanford Law Review, Professor Jacob Sherkow calls this new confusion over labels “infringement by label.” In the paper, Sherkow and his co-author examine unresolved questions in patent law and return pharmaceutical patent litigation to factual and doctrinal basis.
