News & Analysis as of

Patent Infringement

Morgan Lewis

UPC Court of Appeal Clarifies Jurisdiction Over Non-UPC Patents in Fujifilm v Kodak

Morgan Lewis on

The UPC Court of Appeal has delivered an important ruling in Fujifilm v Kodak, confirming that the United Patent Court’s jurisdiction may extend to non-UPC European patent designations. The decision distinguishes between the...more

Morgan Lewis

A Practical Guide to IP Risk and Litigation in Data Center Development

Morgan Lewis on

As data centers integrate numerous advanced technologies within a single operating environment, they are becoming a natural focal point for intellectual property (IP) scrutiny, including patent disputes, with patent...more

Axinn, Veltrop & Harkrider LLP

The Skinny Line Between Possible and Plausible

By now most people have heard that Hikma v. Amarin, No. 24–889 (June 4, 2026), was an overall favorable decision for skinny labeling. But what are the practical takeaways? Here we outline the facts and factors considered by...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Addresses Liability for Patent Infringement by Generic Pharmaceuticals

In a unanimous opinion by Justice Ketanji Brown Jackson, the U.S. Supreme Court held that Amarin, the developer of Vascepa® (reference listed drug), failed to plausibly allege that Hikma actively induced infringement of...more

Epstein Becker & Green

AI Medical Technology Meets IP Law in Patent Infringement Suit

In April 2026, a complaint alleging “one of the most egregious examples of piracy in the medical technology industry” landed on the docket of the U.S. District Court for the Eastern District of Texas....more

Foley Hoag LLP

Hikma v. Amarin: It’s Not Just About Skinny Labels

Foley Hoag LLP on

Key Takeaways: In Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889, the Supreme Court reversed the Federal Circuit and held that a generic drug manufacturer’s FDA-compliant skinny label, combined with...more

Arnall Golden Gregory LLP

Trimming the Fat: Supreme Court Slims Down Skinny Label Liability

On June 4, 2026, the United States Supreme Court issued its decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. In its decision, the Supreme Court reversed the Federal Circuit, and held that Amarin’s complaint...more

Wolf, Greenfield & Sacks, P.C.

Hikma v. Amarin: What the Supreme Court’s Decision Means for Skinny Labels and Induced Infringement

The Supreme Court has issued a unanimous decision in Hikma v. Amarin, holding that Amarin did not meet its pleading burden of plausibly alleging that Hikma induced infringement of Amarin’s patents relating to reducing the...more

Loeb & Loeb LLP

Generic Manufacturers Given “Breathing Room” with Carve-Outs

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Generic drug manufacturers have greater protection from claims of induced infringement in “skinny label” cases following a unanimous 9-0 victory before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma. Skinny...more

Robins Kaplan LLP

Supreme Court Rejects “Possibility” Standard for Induced-Infringement Claims Against Skinny-Label Generics

Robins Kaplan LLP on

The Supreme Court issued a unanimous decision for Hikma in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. It reversed the Federal Circuit and held that Amarin failed to state a claim that Hikma induced infringement...more

Akin Gump Strauss Hauer & Feld LLP

SCOTUS Unanimously Holds that Affirmative, Purposeful Conduct is Required to Allege Induced Infringement in Skinny Label Case

The Supreme Court unanimously held that for a complaint of induced infringement, a patent owner must allege that the accused infringer took affirmative, not passive, steps to encourage direct infringement. Thus, where a...more

Venable LLP

Spotlight On: Enbrel® (etanercept) / Erelzi® (etanercept-szzs) / Eticovo® (etanercept-ykro) - June 2026

Venable LLP on

Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Fish & Richardson

Hikma v. Amarin SCOTUS Decision

Fish & Richardson on

The Supreme Court held that inducement of patent infringement requires active, affirmative statements or actions encouraging infringement, not merely statements that could be read as encouraging infringement....more

Venable LLP

Spotlight On: Prolia® / Xgeva® (denosumab) / Jubbonti® / Wyost® (denosumab-bbdz) / Ospomyv® / Xbryk® (denosumab-dssb) / Stoboclo®...

Venable LLP on

Denosumab Challenged Claim Types in Litigation: Claims are counted in each litigation, so claims from the same patent challenged in multiple litigations are counted more than once. Within each litigation a claim is counted...more

Venable LLP

Spotlight On: Neulasta® (pegfilgrastim) / Fulphila® (pegfilgrastim-jmdb) / Udenyca® (pegfilgrastim-cbqv) / Ziextenzo®...

Venable LLP on

Pegfilgrastim Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Venable LLP

Spotlight On: Herceptin® (trastuzumab) / Ogivri® (trastuzumab-dkst) / Herzuma® (trastuzumab-pkrb) / Ontruzant® (trastuzumab-dttb)...

Venable LLP on

Trastuzumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Brownstein Hyatt Farber Schreck

Supreme Court Raises Bar for Induced Infringement in ‘Skinny Label’ Generic Case

In a unanimous decision with immediate consequences for Hatch‑Waxman litigation, the U.S. Supreme Court has significantly narrowed the scope of induced patent infringement under 35 U.S.C. Section 271(b). In Hikma...more

Morgan Lewis

Amarin v. Hikma: Supreme Court Applies Twombly, Iqbal and Leaves Induced-Infringement Standards Untouched

Morgan Lewis on

The US Supreme Court’s recent decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma Inc. clarifies what federal pleading standards demand in induced-infringement cases involving pharmaceutical “skinny” labels and...more

King & Spalding

Several Rulings Over the Last Month Impact Various Patent Damages Theories

King & Spalding on

Three recent patent rulings underscore courts’ increasing scrutiny of damages and equitable relief theories by emphasizing real‑world economic and evidentiary support over formalistic assumptions:...more

Mayer Brown

Supreme Court Holds That to State a Claim for Inducing Patent Infringement, the Complaint Must Plausibly Allege That the Defendant...

Mayer Brown on

Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889 - Introduction - Yesterday, the Supreme Court held in a unanimous 9-0 decision that induced patent infringement requires active steps to encourage...more

Dorsey & Whitney LLP

The Supreme Court Update - June 4, 2026

Dorsey & Whitney LLP on

On June 4, 2026, the Supreme Court of the United States issued three decisions: Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., Case No. 24-889: This patent dispute addresses when a generic drug manufacturer may...more

Polsinelli

Supreme Court Hands Generics a Unanimous Win on Skinny Labels in Hikma v. Amarin

Polsinelli on

A unanimous Supreme Court reversed the Federal Circuit and held that Amarin did not plausibly allege that Hikma’s skinny label and marketing actively induced infringement of Vascepa’s cardiovascular-use patents — a decisive...more

Secretariat

AI Innovation and Risk in IP Litigation: A 2026 Business Outlook

Secretariat on

Artificial intelligence (AI) has moved rapidly from an emerging technology to a foundational component of modern business operations. With that growth has come an expanding set of intellectual property (IP) disputes....more

Venable LLP

Spotlight On: Humira® (adalimumab) / Amjevita™ (adalimumab-atto) / Cyltezo® (adalimumab-adbm) / Hyrimoz™ (adalimumab-adaz) /...

Venable LLP on

Adalimumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Venable LLP

Spotlight On: Rituxan® (rituximab) / Truxima® (rituximab-abbs) / Ruxience® (rituximab-pvvr) / Riabni™ (rituximab-arrx) - June 2026

Venable LLP on

Rituximab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

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