District Court of Delaware Rules for Generic Pharma’s Use of Skinny Label, but Permits Induced Infringement Suit to Proceed Against Insurer

In the recent opinion of Amarin Pharma v. Hikma Pharms. U.S., the District Court of Delaware dismissed Amarin’s complaint against Hikma for induced infringement of three patents when Hikma used a skinny label to carve out a patented indication. However, the court held that Amarin sufficiently pled to proceed with the complaint against an insurer, Health Net, for induced infringement.

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

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.

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