Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. · ¶37

Finally, the sales figures in Hikma’s press releases are the vaguest of “vague” statements alleged in Amarin’s complaint. Takeda, 785 F. 3d, at 632. Amarin argues that, by including the sales figures attributable to both the SH- indication and the CV-indication methods of use, Hikma encouraged using its generic for the patented CV indication. But there are myriad steps between those statements and induced infringement that Amarin fails to mention. For Amarin’s speculation to bear out, a medical provider would have to look up and read the press releases, which were directed to investors rather than doctors and pharmacists; have enough background knowledge of pharmaceutical sales to understand the quoted sales figures to be attributable to both the SH-indication and the CV-indication methods of use; and draw from this fact a subtle encouragement to start prescribing Hikma’s generic to…

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