"The centerpiece is Hikma v. Amarin after the Court granted certiorari on January 16, 2026. Hikma focuses on the doctrine of inducement - and particularly on how the patent doctrine fits with the Hatch-Waxman Act's skinny label provisions. The Court previously looked at Skinny Label litigation almost fifteen years ago in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, 566 U.S. 399 (2012). That earlier case addressed the Hatch-Waxman counterclaim provisions but did not resolve when a generic manufacturer's marketing conduct crosses the line into inducement."
"The docket's composition reflects persistent tensions in patent law. Three petitions have received orders requesting responses from parties who initially waived their right to respond: United Services Automobile Association v. PNC Bank N.A., No. 25-853 (abstract idea eligibility); Agilent Technologies, Inc. v. Synthego Corp., No. 25-570 (prior art enablement); and Lynk Labs, Inc. v. Samsung Electronics Co., No. 25-308 (printed publications in IPR), which has attracted a number of amicus briefs."
"Two petitions are scheduled to be decided at the February 20, 2026 conference, and two others are on deck - having received extensions of time to file. Two interesting trademark cases pending before the court include RiseandShine Corp. v. PepsiCo, Inc., No. 24-1016, asking whether trademark strength is a question of fact; and Curtin v. United Trademark Holdings, Inc., No. 25-435, which focuses on standing to oppose trademark registrations."
Hikma v. Amarin centers on inducement and how patent law interacts with the Hatch-Waxman Act's skinny-label provisions after certiorari was granted January 16, 2026. Caraco (2012) addressed Hatch-Waxman counterclaims but left inducement questions unresolved. Multiple petitions attracted Court attention via "Response Requested" orders, including challenges to Section 101 abstract-idea eligibility, prior-art enablement, and the scope of prior art in IPR proceedings. Several petitions await decision at a February 20, 2026 conference and others have extensions to file. Two pending trademark cases raise questions about trademark strength as a factual issue and standing to oppose registrations.
Read at Patently-O
Unable to calculate read time
Collection
[
|
...
]