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Hot Takes: What the Oral Arguments in Hikma/ Amarin Revealed

Quoted, IP Watchdog

Hatch-Waxman & Biologics Chair Chad Landmon discusses the U.S. Supreme Court’s oral arguments in Hikma v. Amarin, a closely watched case examining induced infringement and the use of “skinny labels” in the generic pharmaceutical industry. He notes that the Justices appeared unlikely to adopt a new legal standard, instead signaling a preference for applying existing inducement principles or potentially resolving the case on procedural grounds related to pleading standards. Landmon adds that the Court’s decision could have significant implications for generic drug manufacturers, either reducing uncertainty around skinny labeling or increasing litigation risk depending on the outcome.