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

Pending petition

Docket No. Op. Below Argument Opinion Vote Author Term
24-889 Fed. Cir. TBD TBD TBD TBD TBD

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.

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.