Supreme Court Grants Certiorari in Hikma v. Amarin "Skinny Label" Case

The U.S. Supreme Court has granted Hikma Pharmaceuticals USA Inc.'s petition for certiorari in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889, agreeing to review the Federal Circuit's decision on induced patent infringement in the context of “skinny label” generic drugs.

Now that the Supreme Court has granted certiorari, the case will proceed through the standard merits briefing process. Hikma, as the petitioner, will file its opening brief on the merits, followed by Amarin's respondent brief, and then Hikma's reply brief. Interested third parties, including industry groups and generic and brand pharmaceutical companies, are allowed to file amicus curiae briefs in support of either party or neither party. Once briefing is complete, the Court will schedule oral arguments. We will continue to monitor this case and provide updates as they become available.

For background on this case and the Solicitor General's amicus brief urging review, please see our prior client alert: U.S. Solicitor General Urges Supreme Court Review of Hikma v. Amarin Case.