U.S. Supreme Court Holds Generic Manufacturer’s “Skinny Label” and Marketing Did Not Induce Patent Infringement
06/09/2026
On June 4, 2026, Justice Ketanji Brown Jackson, writing for a unanimous Supreme Court of the United States, reversed a decision by the United States Court of Appeals for the Federal Circuit and held that Amarin Pharma, Inc. failed to plausibly allege that Hikma Pharmaceuticals USA Inc. actively induced patent infringement through its generic version of Vascepa under 35 U.S.C. § 271(b). Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889 (U.S. June 4, 2026). Plaintiff alleged that the totality of defendant’s statements across its “skinny label,” website, patient leaflet, and press releases induced physicians to prescribe defendant’s generic drug for plaintiff’s patented cardiovascular use.