Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. · ¶36

Amarin is wrong to rely on the statements on Hikma’s website for the same reason. The website describes the therapeutic category for its drug as “hypertriglyceridemia,” and indicates that the drug is “AB” rated. It is not plausible that Hikma “designed” these statements “to stimulate others to commit” infringement. Grokster, 545 U. S., at 937. For one thing, describing the therapeutic category as “hypertriglyceridemia” (as opposed to “severe hypertriglyceridemia”) is generally akin to describing a drug for leukemia as a “‘cancer drug’” (as opposed to a “leukemia drug”). Reply Brief 12. “Cancer drug” is a broad category, not an instruction to prescribe the drug for a patented use treating a specific type of cancer. Furthermore, an “AB” rating means that the product is equivalent to the brand-name drug only “under the conditions specified in the generic’s label,” which excludes…

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