Supreme Court Finds No Plausible Allegations of Induced Infringement Through Generic Pharmaceutical Manufacturer’s Label and Statements

In the recent ruling in Hikma Pharmaceuticals v. Amarin Pharma, No. 24–889., the U.S. Supreme Court applied its pleading standards established in the Twombly and Iqbal line of cases and unanimously held plaintiff, Amarin Pharma, had not satisfied these standards with respect to its claim for induced infringement under 35 U.S.C. § 271(b). The Supreme Court reversed the Court of Appeals for the Federal Circuit’s prior reversal of the district court’s dismissal of Amarin Pharma’s induced patent…
By: Saul Ewing LLP