Federal Circuit Reverses Dismissal Of Induced Infringement Claim Based On Skinny Label And Marketing Materials
07/17/2024
On June 25, 2024, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a decision by the United States District Court for the District of Delaware dismissing Amarin Pharma, Inc.’s induced infringement claims against Hikma Pharmaceuticals USA Inc. Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., No. 2023-1169 (Fed. Cir. June 25, 2024). The CAFC held that the totality of Amarin’s allegations plausibly stated a claim for induced infringement of patents allegedly covering Hikma’s generic version of Amarin’s Vascepa® product.