Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc.
Issue
(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
Dec 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.
Jan 3, 2025Application (24A652) granted by The Chief Justice extending the time to file until February 14, 2025.
Feb 14, 2025Petition for a writ of certiorari filed. (Response due March 21, 2025)Mar 4, 2025Motion to extend the time to file a response from March 21, 2025 to April 21, 2025, submitted to The Clerk.Mar 5, 2025Motion to extend the time to file a response is granted and the time is extended to and including April 21, 2025.
Mar 20, 2025Brief amici curiae of 30 Scholars of Law, Economics, and Medicine filed.Mar 21, 2025Brief amicus curiae of Association for Accessible Medicines filed.Apr 4, 2025Motion to extend the time to file a response from April 21, 2025 to May 15, 2025, submitted to The Clerk.Apr 7, 2025Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2025.
May 15, 2025Brief of respondents Amarin Pharma, Inc., et al. in opposition filed.Jun 2, 2025Reply of petitioners Hikma Pharmaceuticals USA Inc., et al. filed. (Distributed)Jun 3, 2025DISTRIBUTED for Conference of 6/18/2025.
Jun 23, 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 5, 2025Brief amicus curiae of United States filed.Dec 23, 2025DISTRIBUTED for Conference of 1/9/2026.
Dec 23, 2025Supplemental brief of respondents Amarin Pharma, Inc., et al. filed. (Distributed)Dec 23, 2025Letter of Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals PLC filed.Jan 12, 2026DISTRIBUTED for Conference of 1/16/2026.
Jan 16, 2026Petition GRANTED.
Feb 11, 2026SET FOR ARGUMENT on Wednesday, April 29, 2026.
Feb 18, 2026Brief of petitioners Hikma Pharmaceuticals USA Inc., et al. filed.Feb 18, 2026Joint appendix filed. (Statement of costs filed)Feb 23, 2026Record requested from the United States Court of Appeals for the Federal Circuit.
Feb 23, 2026Brief amici curiae of 76 Scholars filed.Feb 23, 2026Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and is available on PACER.
Feb 24, 2026Brief amicus curiae of Shashank Upadhye filed.Feb 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.
Feb 25, 2026Brief amicus curiae of United States filed.Feb 25, 2026Brief amicus curiae of Public Citizen filed.Feb 25, 2026Brief amicus curiae of Association for Accessible Medicines filed.Feb 25, 2026Brief amicus curiae of Former Congressman Henry A. Waxman filed.Feb 26, 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Mar 5, 2026Brief amicus curiae of New York Intellectual Property Law Association filed.Mar 9, 2026Brief amicus curiae of The Public Interest Patent Law Institute in support of neither party filed.Mar 9, 2026Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.Mar 9, 2026Brief amicus curiae of Licensing Executives Society (USA and Canada), Inc. in support of neither party filed.Mar 9, 2026Brief amici curiae of Patent Law Professors Paul R. Gugliuzza and Jacob S. Sherkow in support of neither party filed.Mar 20, 2026Brief of respondents Amarin Pharma, Inc., et al. filed.Mar 23, 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 27, 2026Amicus brief of AbbVie Inc. not accepted for filing. (To be resubmitted - March 27, 2026)
Mar 27, 2026Brief amici curiae of AbbVie Inc., et al. filed. (Resubmitted - March 27, 2026) (Distributed)Mar 27, 2026Brief amici curiae of Former Federal Circuit Chief Judge Paul R. Michel, et al. filed. (Distributed)Mar 27, 2026Brief amicus curiae of Regeneron Pharmaceuticals, Inc. filed. (Distributed)Mar 27, 2026Brief amici curiae of Academic Medical Centers filed. (Distributed)Mar 27, 2026Brief amici curiae of Pharmaceutical Research and Manufacturers of America, et al. filed. (Distributed)Mar 27, 2026Brief amicus curiae of Sanofi filed. (Distributed)Mar 27, 2026Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed)Mar 30, 2026CIRCULATED
Apr 13, 2026Reply of Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals PLC submitted.Recommended Citation: Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., SCOTUSblog, https://www.scotusblog.com/cases/hikma-pharmaceuticals-usa-inc-v-amarin-pharma-inc/