Supremes weigh in on skinny labels in long-awaited argument

Hatch-Waxman & Biologics Chair Chad Landmon discusses the U.S. Supreme Court’s consideration of Hikma v. Amarin, a closely watched case that could reshape how “skinny label” generic drugs are evaluated for induced patent infringement. He notes that the case centers on whether a generic manufacturer can avoid liability by carving out patented uses from its label, or whether broader marketing and communications may still expose it to infringement claims. Landmon highlights that the Court’s decision could significantly impact both generic drug competition and incentives for pharmaceutical innovation, depending on how it balances affordability with patent protection.

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