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Patents

Foley Hoag LLP

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

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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

McDermott+

McDermott+ Check-Up – June 5, 2026

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The Senate passed the reconciliation 2.0 package, which funds ICE and CBP and includes no healthcare provisions. The bill now moves to the House, though Republican leadership cancelled Friday votes, postponing further action...more

Venable LLP

Spotlight On: Actemra® (tocilizumab) / Tofidence™ (tocilizumab-bavi) / Tyenne® (tocilizumab-aazg) / Avtozma® (tocilizumab-anoh) -...

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Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they...more

Venable LLP

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

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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

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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®...

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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)...

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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

King & Spalding

Several Rulings Over the Last Month Impact Various Patent Damages Theories

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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

McDonald Hopkins

AI-assisted inventions: Is your document retention policy keeping up?

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Artificial intelligence tools — from consumer-facing platforms to enterprise-deployed systems— are now deeply embedded in scientific, engineering, and product development workflows. The rise of generative AI and machine...more

Mayer Brown

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

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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

Polsinelli

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

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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

McDonnell Boehnen Hulbert & Berghoff LLP

Constellation Designs, LLC v. LG Electronics Inc. (Fed. Cir. 2026)

Eligibility wins at the Federal Circuit are scarce enough that any decision finding a claim to survive § 101 is worth a read.  Constellation Designs, LLC v. LG Electronics Inc. is worth two reads, because the panel managed to...more

Venable LLP

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

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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

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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

McCarter & English, LLP

The USPTO Just Sent You a Save-the-Date — Here’s What to Do with It

The United States Patent and Trademark Office (USPTO) has introduced a new “Pre-Docketing Notice” pilot program aimed at improving transparency and efficiency in the patent examination process. Under this program, applicants...more

Venable LLP

Spotlight On: Biosimilar Litigations - June 2026

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Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as...more

Venable LLP

Spotlight On: Lantus® / Lantus® SoloSTAR® (insulin glargine recombinant) / Basaglar® (insulin glargine) / Semglee® (insulin...

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Insulin Glargine 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

Farella Braun + Martel LLP

Supreme Court Decision Provides Ammo for Use Against Indirect Patent Infringement Claims

The Supreme Court issued its decision today in Hikma Pharmaceuticals v. Amarin Pharma, addressing what it takes to successfully plead a claim for indirect patent infringement...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Key Takeaways: Patenting Personalized Medicine: One Size Does Not Fit All

Personalized medicine continues to reshape life sciences innovation, but it also introduces unique challenges in today’s evolving legal landscape....more

NovoTech Patent Firm

Every Word Will Be Attacked: What Founders Need to Know About Patent Language

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A single word appeared 241 times in Enviro Tech’s patent specification. The word was “about.” Not once was it defined. In May 2026, the Federal Circuit invalidated all 27 asserted claims. Complete annihilation. Not because...more

Bradley Arant Boult Cummings LLP

Pharmaceutical Patent Written Description and Enablement Headaches? The Federal Circuit Clarifies a Cure

Determining the amount of disclosure sufficient to satisfy the written description and enablement requirements of 35 U.S.C. § 112(a) can be difficult, especially in the fields of biotechnology, pharmaceuticals, and other...more

DLA Piper

Patentability of AI inventions in the UK, US and China

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As AI continues to advance at pace, securing patent protection for AI‑related inventions has become increasingly important, particularly for maintaining competitive advantage and attracting investment. But as with many...more

Whiteford

The Missing IP Ledger: Where CPG Companies Leave Patent Value on the Table

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KEY TAKEAWAYS - • CPG companies often create patentable and protectable IP in packaging, formulation, manufacturing, sustainability, and brand-design work, not just in formal R&D. • Lost value usually comes from timing...more

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