Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. · ¶14

Given that all 50 States and the District of Columbia have such laws, see Brief for United States as Amicus Cu riae 7–8 (collecting statutes), generic manufacturers surely know (and perhaps even expect) that their products will be put to infringing use. But “mere knowledge of infringing potential or of actual infringing uses [is] not . . . enough . . . to subject a distributor to liability.” Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U. S. 913, 937 (2005); see also Cox Communications, Inc. v. Sony Music Entertain ment, 607 U. S. ＿＿＿, ＿＿＿ (2026) (slip op., at 8). Still, a generic manufacturer can cross the line into liability if it “actively induces infringement of [the brand manufacturer’s] patent.” 35 U. S. C. §271(b).

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.