Hikma Pharmaceuticals USA Inc., et al., Petitioners v. Amarin Pharma, Inc., et al.
This case considers whether a generic drug manufacturer can be held liable for inducing patent infringement when it excludes a patented use from its label but markets its product as a generic version of the brand-name drug. It also addresses what specific allegations of encouraging the patented use are required for an infringement complaint to survive dismissal.
Case overview
- Dispute
- This case considers whether a generic drug manufacturer can be held liable for inducing patent infringement when it excludes a patented use from its label but markets its product as a generic version of the brand-name drug. It also addresses what specific allegations of encouraging the patented use are required for an infringement complaint to survive dismissal.
- Issue
- The Court is deciding whether 1. When a generic drug manufacturer excludes a patented use from its label, can it still be liable for inducing infringement if it calls its product a “generic version” of the brand-name drug and cites publicly available information about the brand-name drug’s sales? 2. Can a patent infringement complaint survive dismissal if it does not allege that the defendant made any statement specifically instructing or encouraging the patented use.
- Current posture
- Argued Apr 29, 2026.
Question
Question presented
1. When a generic drug manufacturer excludes a patented use from its label, can it still be liable for inducing infringement if it calls its product a “generic version” of the brand-name drug and cites publicly available information about the brand-name drug’s sales? 2. Can a patent infringement complaint survive dismissal if it does not allege that the defendant made any statement specifically instructing or encouraging the patented use?
Plain English
The Court is deciding whether 1. When a generic drug manufacturer excludes a patented use from its label, can it still be liable for inducing infringement if it calls its product a “generic version” of the brand-name drug and cites publicly available information about the brand-name drug’s sales? 2. Can a patent infringement complaint survive dismissal if it does not allege that the defendant made any statement specifically instructing or encouraging the patented use.
Procedural posture
- Originating court
- United States Court of Appeals for the Federal Circuit
- Supreme Court review
- Granted Jan 16, 2026
- Argument
- Held Apr 29, 2026
- Opinion
- Not released
Who is watching
- Legal area
- Patent Law
- Institutional path
- United States Court of Appeals for the Federal Circuit decision under Supreme Court review
- What changes next
- The next public milestone is the Court's disposition.
- Term context
- Awaiting Decision in October Term 2025 (2025–2026)
Source trail
Primary materials plus reporting.
Plain-English explainer. Court records remain authoritative. Official filings and opinions remain authoritative.
MethodologyRefreshed May 17, 2026.
Primary materials
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