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Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc.

Docket No. Op. BelowArgument Opinion Vote Author Term
24-889 Fed. Cir. Apr 29, 2026 TBD TBD TBD OT 2025

Issues: (1) Whether, when a generic drug label fully carves out a patented use, allegations that the generic drugmaker calls its product a “generic version” and cites public information about the branded drug (e.g., sales) are enough to plead induced infringement of the patented use; and (2) whether a complaint states a claim for induced infringement of a patented method if it does not allege any instruction or other statement by the defendant that encourages, or even mentions, the patented use. CVSG: 12/05/2025

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
12/27/2024Application (24A652) to extend the time to file a petition for a writ of certiorari from January 15, 2025 to February 14, 2025, submitted to The Chief Justice.
01/03/2025Application (24A652) granted by The Chief Justice extending the time to file until February 14, 2025.
02/14/2025Petition for a writ of certiorari filed. (Response due March 21, 2025)
03/04/2025Motion to extend the time to file a response from March 21, 2025 to April 21, 2025, submitted to The Clerk.
03/05/2025Motion to extend the time to file a response is granted and the time is extended to and including April 21, 2025.
03/20/2025Brief amici curiae of 30 Scholars of Law, Economics, and Medicine filed.
03/21/2025Brief amicus curiae of Association for Accessible Medicines filed.
04/04/2025Motion to extend the time to file a response from April 21, 2025 to May 15, 2025, submitted to The Clerk.
04/07/2025Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2025.
05/15/2025Brief of respondents Amarin Pharma, Inc., et al. in opposition filed.
06/02/2025Reply of petitioners Hikma Pharmaceuticals USA Inc., et al. filed. (Distributed)
06/03/2025DISTRIBUTED for Conference of 6/18/2025.
06/23/2025The Solicitor General is invited to file a brief in this case expressing the views of the United States.
12/05/2025Brief amicus curiae of United States filed.
12/23/2025DISTRIBUTED for Conference of 1/9/2026.
12/23/2025Supplemental brief of respondents Amarin Pharma, Inc., et al. filed. (Distributed)
12/23/2025Letter of Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals PLC filed.
01/12/2026DISTRIBUTED for Conference of 1/16/2026.
01/16/2026Petition GRANTED.
02/11/2026SET FOR ARGUMENT on Wednesday, April 29, 2026.
02/18/2026Brief of petitioners Hikma Pharmaceuticals USA Inc., et al. filed.
02/18/2026Joint appendix filed. (Statement of costs filed)
02/23/2026Record requested from the United States Court of Appeals for the Federal Circuit.
02/23/2026Brief amici curiae of 76 Scholars filed.
02/23/2026Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and is available on PACER.
02/24/2026Brief amicus curiae of Shashank Upadhye filed.
02/25/2026Sealed material received electronically from the United States District Court for the District of Delaware and available with the Clerk. The remainder of the record is electronic and is available on PACER.
02/25/2026Brief amicus curiae of United States filed.
02/25/2026Brief amicus curiae of Public Citizen filed.
02/25/2026Brief amicus curiae of Association for Accessible Medicines filed.
02/25/2026Brief amicus curiae of Former Congressman Henry A. Waxman filed.
02/26/2026Motion of United States of America for leave to participate in oral argument and for divided argument submitted.
03/05/2026Amicus brief of New York Intellectual Property Law Association submitted.