"The U.S. Supreme Court heard oral arguments today in Hikma Pharmaceuticals USA v. Amarin Pharma, Inc., a closely-watched case that in part asks the Justices to weigh in on whether a drugmaker calling its product a 'generic version' while citing public sales information about the branded drug induces infringement of a patented use fully carved out by the generic's label."
"Hikma's petition also asks whether a complaint states an induced infringement claim if it fails to allege any instruction or statement by the defendant mentioning the patented use."
The U.S. Supreme Court is reviewing Hikma Pharmaceuticals USA v. Amarin Pharma, Inc., focusing on whether a generic drugmaker's marketing practices induce infringement of a patented use. The case questions if a generic can claim to be a 'generic version' while referencing public sales data of the branded drug. The Federal Circuit previously reversed a district court's dismissal of Amarin's complaint against Hikma for induced infringement regarding its product, icosapent ethyl, marketed as Vascepa.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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