Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc.
About this episode
The episode discusses a Supreme Court case regarding patent infringement and generic drug labeling.
A case in which the Court will decide (1) when a generic drug manufacturer excludes a patented use from its label, whether it still be liable for inducing infringement if it calls its product a “generic version” of the brand-name drug and cites publicly available information about the brand-name drug's sales; and (2) whether a patent infringement complaint can survive dismissal if it does not allege that the defendant made any statement specifically instructing or encouraging the patented use.
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