In an analysis of a brief expected to be filed in the fall, the Patently-O blog cites the work of Professor Jacob Sherkow extensively in examining the ‘label-plus’ theory of inducement. This framework establishes that a generic drug’s label by itself cannot violate patent protections because of a congressionally authorized regulatory scheme. Sherkow’s work, in particular, helps illuminate the distinction between regulatory and factual speech in the particulars of the case at issue.
