Hot Takes: What the Oral Arguments in Hikma/Amarin Revealed

Sterne Kessler director and appellate co-chair William Milliken shared his thoughts with IPWatchdog on the Supreme Court oral arguments in Hikma Pharmaceuticals USA v. Amarin Pharma, Inc. The case has broad implications for the practice of “skinny labeling” and the induced infringement standard for patent law.

Milliken said, “Those hoping for a more detailed standard for inducement in skinny label cases—or for inducement in general—may be disappointed. Several Justices’ questions showed they see the case as a simple issue about applying the Twombly/Iqbal “plausibility” pleading standard to specific facts. The Court may avoid broader questions about the skinny label regime and instead show how to apply Rule 12(b)(6).”