Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. · ¶35

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) (defning 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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