Jason Luo, Ph.D. – Duane Morris Life Sciences Law

June 15, 2026June 15, 2026 by Jason Luo, Ph.D.

U.S. Supreme Court Reverses Federal Circuit, Holding No Induced Infringement Plausibly Pled Based on Skinny Label and Related Statements

By Jiazhong (Jason) Luo, Ph.D. and Frederick R. Ball

Recently, the Supreme Court of the United States unanimously reversed the Federal Circuit in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., holding that Amarin failed to state a claim for active inducement of patent infringement under 35 U.S.C. § 271(b). The decision clarifies that the relevant inquiry is whether a defendant actively encouraged infringing use, not merely whether physicians could plausibly read the defendant’s statements related to a skinny label as instructions to infringe.

Read the full Alert on the Duane Morris LLP website.

January 21, 2026January 21, 2026 by Jason Luo, Ph.D.

U.S. Supreme Court Grants Certiorari in Hikma v. Amarin, Placing “Skinny Label” Inducement in Focus

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.