The District of Delaware’s recent decision in Vanda Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc. demonstrates that the U.S. Supreme Court’s decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. may apply beyond Rule 12(b)(6), including at summary judgment and that Hikma’s reasoning applies beyond “skinny label” carve-outs to other label language….
By: Saul Ewing LLP
By: Saul Ewing LLP
