Hikma v. Amarin: What the Supreme Court's Decision Means for Skinny Labeling and Induced Infringement

Daryl Wiesen, Jaime Santos, Isabel Marin, and Willy Jay will host a webinar discussing the Supreme Court’s recent unanimous decision in Hikma v. Amarin. At issue were induced-infringement claims involving generic drugs marketed using a “skinny label” — a label that “carves out” any indication covered by a patented method of use and includes only unpatented indications. Congress established this skinny-label pathway to generic launch so that when a drug product is no longer covered by a patent, one patented use will not foreclose marketing a generic drug for other unpatented ones. The Supreme Court’s decision rejects multiple Federal Circuit rulings and clarifies whether and when a generic manufacturer can be held liable for induced infringement when launching with a skinny label. With the Court’s decision now in hand, Goodwin’s subject-matter experts and Supreme Court litigators will discuss what the ruling means for induced infringement, generic drug labeling strategies, and pharmaceutical patent litigation going forward. In addition, a subcommittee of the House Judiciary Committee held a hearing on legislation covering the same subject, and the speakers will address how adopting the legislation could affect litigation and regulatory strategy.