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

Pending petition

Docket No. Op. BelowArgument 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. CVSG: 12/05/2025

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.