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

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Supreme Court of the United States
Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc.
Docket number: 24-889
Term: 2025
Court: United States Supreme Court
Important dates
Pending
Court membership
Chief Justice John Roberts • Clarence Thomas • Samuel Alito • Sonia Sotomayor • Elena Kagan • Neil Gorsuch • Brett Kavanaugh • Amy Coney Barrett • Ketanji Brown Jackson

Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. is a case scheduled for argument before the Supreme Court of the United States during the court's October 2025-2026 term.

HIGHLIGHTS
  • The questions presented: "1. When a generic drug label fully carves out a patented use, are allegations that the generic drugmaker calls its product a ‘generic version’ and cites public information about the branded drug (e.g., sales) enough to plead induced infringement of the patented use?

    2. Does a complaint state 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? "[1]

  • The outcome: The appeal is pending adjudication before the U.S. Supreme Court.


    • The case came on a writ of certiorari to the United States Court of Appeals for the Federal Circuit. To review the lower court's opinion, click here.

    Timeline

    The following timeline details key events in this case:

    • January 16, 2026: The U.S. Supreme Court agreed to hear the case.
    • February 14, 2025: Hikma Pharmaceuticals USA Inc., et al. appealed to the U.S. Supreme Court.
    • June 25, 2024: The United States Court of Appeals for the Federal Circuit reversed the decision of the United States District Court for the District of Delaware.

    Questions presented

    The petitioner presented the following questions to the court:[1]

    Questions presented:
    “ 1. When a generic drug label fully carves out a patented use, are allegations that the generic drugmaker calls its product a ‘generic version’ and cites public information about the branded drug (e.g., sales) enough to plead induced infringement of the patented use?

    2. Does a complaint state 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? [2]

    		”

    Oral argument

    Audio

    Audio of the case will be posted here when it is made available.

    Transcript

    A transcript of the case will be posted here when it is made available.

    Outcome

    The case is pending adjudication before the U.S. Supreme Court.

    October term 2025-2026

    See also: Supreme Court cases, October term 2025-2026

    The Supreme Court began hearing cases for the term on October 6, 2025. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions by mid-June.[3]


    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 Supreme Court of the United States, "24-889 HIKMA PHARMACEUTICALS USA INC. V. AMARIN PHARMA, INC. QP", January 16, 2026
    2. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    3. ↑ SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed January 24, 2022
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