Hikma v. Amarin: Six Takeaways From the Pivotal Ruling, Life Sciences IP Review

Life Sciences IP Review quoted partner Mike Abernathy in an article examining the US Supreme Court’s unanimous decision in Hikma v. Amarin and its implications for induced infringement claims involving skinny-label generic drugs.

Mike noted that, although the decision raises the bar for certain claims, it does not eliminate inducement liability altogether. As he explained, the Court “squarely rejected Hikma’s proposal to limit ‘active inducement’ to acts of ‘express’ inducement, explaining that the law permits proving ‘active inducement through implicit encouragement.’”

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