Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. · ¶5

Respondent Amarin Pharma, Inc., the manufacturer of brand-name icosapent ethyl, brought an induced-infringement claim against petitioner Hikma Pharmaceuticals USA Inc., a manufacturer of generic icosapent ethyl. Amarin relied on a combination of Hikma’s statements across its skinny label (an abbreviated label used for generic drugs), its website, and its press releases to allege that Hikma took “active steps” to induce infringement of Amarin’s patented uses. After the District Court dismissed the complaint for failure to state a claim, the Court of Appeals for the Federal Circuit reversed, finding it “at least plausible that a physician could read” the relevant statements “as an instruction or encouragement to” infringe. 104 F. 4th 1370, 1380 (2024).

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