On January 16, 2026, the Supreme Court of the United States granted certiorari in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (No. 24-889) to address when induced-infringement liability can attach to a generic drug launched under a “skinny label.” The grant centers on review of the Federal Circuit’s decision allowing Amarin’s inducement claims to proceed notwithstanding Hikma’s carveout, and it tees up the relationship between the Food and Drug Administration’s (FDA) carveout pathway and 35 U.S.C. § 271(b).
Read the full Alert on the Duane Morris LLP website.