The Supreme Court unanimously holds that generic drug makers’ routine labeling compliance and standard industry statements cannot support induced-infringement claims under §271(b), reversing the Federal Circuit and protecting skinny-label launches.
A unanimous Supreme Court reversed the Federal Circuit and ended Amarin’s induced infringement suit against Hikma’s skinny-label generic of Vascepa, holding that anodyne marketing references to the branded drug do not plausibly allege that a generic maker actively encouraged infringing u
The Supreme Court denied certiorari in CareDx v. Natera, leaving intact the Third Circuit’s ruling that proof of actual consumer deception is required to support Lanham Act damages even when advertising is deliberately and literally false.