Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. · ¶33

Amarin also finds fault in Hikma’s statements describing its product as “‘generic Vascepa’” or the “‘generic equivalent’ of Vascepa” in the prelaunch press releases. Brief for Respondents 23–24. But as we have explained, it is “normal industry practice” to “truthfully describe” a generic drug as “‘equivalent’” to the brand-name comparator. See Inwood Laboratories, 456 U. S., at 847–848; §353d(a)(3) (defining the term “generic version” as “a drug approved under [§355] whose reference listed drug is a covered drug”). We decline to put generic manufacturers between a rock and a hard place by turning adherence to the law and industry standards into building blocks for illegal conduct.

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