What is the intention with skinny labels and second medical use patents?

Abstract

The impact of second medical use patents on skinny label generic launches was considered in Warner-Lambert Company, LLC v Actavis Group PTC EHF & Others [2015] EWHC 72 (Pat). The UK courts have had to decide whether a preliminary injunction should be granted to a patentee, where the patent is for a second medical use and the product to be launched has had the patented indication carved out of the label. In this case, the court held that an injunction should not be granted. The result is that generic companies considering launching with a skinny label may have less to fear from second medical use patents than previously thought.