Katten Partner and Co-Chair of the Patent Litigation practice, Lance Soderstrom, was recently quoted in a Law360 article examining several of the most significant patent decisions from the first half of 2026, including the US Supreme Court's ruling on pleading standards for induced infringement claims involving skinny labels and other major developments affecting patent litigators.
Regarding the Supreme Court's decision in Hikma Pharmaceuticals USA Inc. et al. v. Amarin Pharma Inc. et al., Lance discussed the Court's view that the Federal Circuit had read too much into ordinary generic-drug marketing statements. Lance added that the decision provides greater clarity for generic drug companies seeking to avoid induced infringement claims after carving out patented uses from drug labels. The decision "adds at least some black and white — or as close to black and white as we get in this world — on what generics can do after a carveout to avoid a claim for induced infringement," Lance said.
He also noted that disputes over skinny labels are likely to continue beyond straightforward marketing statements, into areas such as language concerning studies or safety requirements. "I would expect that to be where we see a good number of the disputes in the not-too-distant future," Lance said.
"Biggest Rulings For Patent Attys In 2026: A Midyear Report," Law360, July 8, 2026
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