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
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Supreme Court Hears Oral Argument in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc.: Induced Infringement and “Skinny Labels” at a Crossroads
Yesterday, the U.S. Supreme Court heard oral argument in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889, a case that could reshape the landscape of pharmaceutical patent enforcement and generic drug competition. The case concerns the scope of
Back to District Court? PTAB Strategic Recalibration in Patent Litigation
For years, parallel proceedings at the Patent Trial and Appeal Board (PTAB) were the near-automatic response of a defendant in district court patent litigation. Accused infringers routinely filed petitions—especially inter partes review (IPR) petitions—challenging validity of the asserted patents at
Updates on APEX-related Personal Jurisdiction Considerations Since SnapRays
Last year we discussed the implications of the Supreme Court’s choice not to review the Federal Circuit’s SnapRays decision for patent owners that rely on the Amazon Patent Evaluation Express (“APEX”) program. A recent case out of the Northern District
Federal Circuit Eases Expert Admissibility Threshold
In a decision that is quickly gaining attention, the Federal Circuit held that the district court abused its discretion by excluding both of Plaintiff’s experts and subsequently granting Defendants’ judgment as a matter of law (JMOL) of no infringement. Barry
Supreme Court Takes Up Hikma v. Amarin: Induced Infringement and Skinny Labels in the Crosshairs
The Supreme Court’s decision to review Hikma Pharmaceuticals USA Inc. v. Amarin Pharma Inc. places renewed attention on a familiar but unsettled issue in pharmaceutical patent law: how the induced infringement doctrine applies when a generic drug launches with a
Genesis Mission and New Guidance for AI-Assisted Inventions
The Federal government is accelerating AI‑enabled innovation by launching the Genesis Mission, a sweeping national initiative to accelerate scientific discovery using artificial intelligence. The goal of the Mission is to “build an integrated AI platform to harness Federal scientific
Federal Circuit Clarifies Limits of Issue Preclusion Between IPRs and District Courts
The Federal Circuit’s recent decision last week in Inland Diamond Prods. Co. v. Cherry Optical Inc., offers an important reminder for patent litigators: a PTAB’s factual finding in an inter partes review (IPR) does not automatically bind a district
Stay Aware: Remote Employees Impact Venue Options In Patent Litigation
For many patent cases, the United States District Court hearing your patent dispute can have a big impact on case strategy, budget and management, and even, to some extent, case outcomes. As we discussed earlier this year, how a patent owner
Novo Nordisk v. Mylan: Method of Treatment Claims Must Be Aligned with Label
Method-of-treatment (“MoT”) claims can be powerful tools for pharmaceutical companies seeking to extend market exclusivity for their products after the original composition-of-matter patents expire. However, the District of Delaware’s recent decision in Novo Nordisk v. Mylan is another reminder that