In recent years, courts have struggled with when a generic drug company can be held liable for induced infringement, that is, encouraging doctors to prescribe a drug in a way that is still protected by a patent. This issue arises from the way the U.S. drug approval system balances innovation and access. When a brand name pharmaceutical company develops a new drug, it files a New Drug Application (NDA) with the Federal Drug Administration (FDA) and often secures multiple patents. These typically include not only patents on the drug itself, but also patents covering specific methods of using the drug to treat particular conditions. Over time, additional method of treatment patents may issue as new clinical uses are discovered. IP attorney Kimberly Vines takes a look at the issue in this Stites & Harbison Client Alert.