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Alan Clement, a partner in Troutman Pepper Locke’s Health Care + Life Sciences Intellectual Property Practice Group, was quoted in the January 21, 2026 Life Sciences Intellectual Property Review article, “Skinny Labels, Big Stakes: SCOTUS Lines Up the Case of the Year.”
- Alan Clement, partner at Troutman Pepper Locke, also focused on the need for guidance for both sides of the Hatch-Waxman divide.
- He said the industry is looking for “clarity in the law such that brand manufacturers will better be able to determine how to allege inducing infringement of their method of treatment patents, and generic manufacturers will understand what they should not say about their products.”
- …
- For Clement, the case matters because it “should provide insight into what a generic manufacturer can and cannot say about its product in terms of whether it will induce infringement of method of treatment.”
- That insight, he added, would help brand manufacturers better tailor their complaints to keep generics off the market, while allowing generics to steer clear of inducement claims and bring products to market.
- …
- For Clement, the appeal ultimately comes back to clarity. The law, he said, offers little guidance on what manufacturers can say about their products outside the label—and that uncertainty has “caused confusion in the industry.”
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