U.S. Supreme Court to Weigh Induced Infringement Case Regarding ‘Generic Version of Vascepa®’

In early 2026, the U.S. Supreme Court (the “Court”) agreed to hear a case at the heart of pharmaceutical intellectual property that could have significant implications for the manufacturers of both patented and generic drugs. Oral argument is scheduled for Wednesday, April 29. Hikma Pharmaceuticals USA Inc. v. Amarin Pharma Inc. asks the Court to consider whether a generic drugmaker’s alleged marketing activities are sufficient for the patent owner to plead active inducement to infringe a drug with patented as well as unpatented uses, when the “skinny label” for the generic drug correctly “carves out” the patented uses in accordance with the Hatch-Waxman Act. For more information, click here.