Yesterday, the U.S. Supreme Court issued its decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889, unanimously reversing the Federal Circuit and holding that Amarin failed to state a claim “more than a sheer possibility” for active inducement of patent infringement under 35 U.S.C. § 271(b) to allow the case to move forward. Writing for the Court, Justice Jackson held that Amarin’s allegations—drawn from Hikma’s “skinny” label, patient information leaflet, website, and press releases—did not plausibly allege the “active steps” that § 271(b) requires.
As we previewed in our earlier posts on The Patent Playbook when…
