Intellectual Property (IP) Partners Deepro Mukerjee, global IP department chair, and Lance Soderstrom, Patent Litigation co-chair, were both quoted in the media regarding the Supreme Court’s unanimous ruling upholding a district court judge’s decision to dismiss Amarin Pharma Inc.'s (Amarin) infringement suit over claims that Hikma Pharmaceuticals USA Inc. (Hikma) was encouraging doctors to prescribe its generic version of Amarin’s Vascepa heart health drug for a still-patented treatment method, as reported by Bloomberg Law.
“This is not the end of induced infringement claims against generics,” Deepro told Bloomberg Law. “But I do think it signals courts should require concrete allegations of encouragement — it can’t just be allegations a generic maker participated in a market where off-label prescribing predictably occurs.”
To IP Watchdog, Deepro and Lance noted the decision is “an obvious win for generic companies” that allows generics “‘breathing room’ to make broad brush statements about offering a generic product without the risk of a plaintiff drawing together multiple potential readings to find induced infringement when those do not amount to clear affirmative statements.”
“Supreme Court Protects ‘Skinny Label’ Generic Drug Pathway (2),” Bloomberg Law, June 4, 2026
“SCOTUS’ Hikma Ruling Changes the Game for Induced Infringement Pleadings,” IP Watchdog, June 4, 2026
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