Supreme Court Holds That to State a Claim for Inducing Patent Infringement, the Complaint Must Plausibly Allege That the Defendant Took Affirmative Steps to Encourage Infringement

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 inducement; passive steps or actions that merely could lead to infringement are not sufficient. The decision builds on the Court’s recent ruling in Cox Communications v. Sony Music Entertainment, 146 S. Ct. 959 (2026), and its holding will be relevant to copyright-infringement…
By: Mayer Brown