induced infringement – Duane Morris Life Sciences Law

July 15, 2024 by Duane Morris

Induced Infringement Suit Against Generic Pharma Revived Despite Skinny Label Compliance

In Amarin Pharma v. Hikma Pharmaceuticals USA (No. 2023-1169), the Federal Circuit recently reversed the District Court of Delaware’s ruling and held that Amarin’s complaint plausibly pleads that Hikma actively induced healthcare providers’ direct infringement, while also indicating that it “may agree with the district court (and Hikma)” that Hikma’s skinny label alone did not, as a matter of law, recommend, encourage or promote any infringing use.

Read the full Alert on the Duane Morris LLP website.

August 30, 2021 by Duane Morris

Federal Circuit’s Rehearing Decision Confirms Induced Infringement Even When Skinny Label Was Used

In a recent 2-1 decision after a rehearing, GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., the Federal Circuit confirmed that substantial evidence supported the jury’s findings of induced infringement throughout the term of GSK’s patent, including the “partial label period” when Teva used a skinny label to carve out a patented method.

To read the full text of this Duane Morris Alert, please visit the firm website.