Document Type
Amicus Brief
Publication Date
9-4-2024
Case Name
AMARIN PHARMA, INC., Amarin Pharmaceuticals Ireland Ltd., Mochida Pharmaceutical Co., Ltd., Plaintifs-Appellants, v. HIKMA PHARMACEUTICALS USA INC., Hikma Pharmaceuticals PLC, Defendants-Appellees, Health Net LLC, Defendant.
Abstract
The panel decision announces an over-expansive, ill-defned doctrine of inducement, in which well-pled allegations may be based on nothing more than ordinary marketing materials and mandatory labeling--even when those materials never recite or describe the claimed invention. This unprecedented and erroneous expansion of inducement liability leaves the law uncertain. It is now unclear, among other things, what statements a generic frm may make about its own product's equivalence and how much of the generic product's labeling information must be revised--assuming that such revisions are even regulatorily allowed--in order to avoid the risk of an inducement lawsuit.
Recommended Citation
Duan, Charles, "Brief of 15 Scholars of Law and Medicine as Amici Curiae in Support of the Petition for Rehearing En Banc" (2024). Amicus Briefs. 50.
https://digitalcommons.wcl.american.edu/pub_disc_briefs/50
