Justices To Side With Generic Drugmakers in Patent Spat, Attorneys Predict

William Milliken, director and co-chair of Sterne Kessler’s appellate practice, spoke to Westlaw Today on the possible outcome for U.S. Supreme Court case, Hikma Pharmaceuticals USA Inc. et al. v. Amarin Pharma Inc. et al.

Milliken said those hoping for a detailed opinion outlining rules for inducement might be disappointed with the high court’s ruling. “Several justices’ questions suggested that they view the case as presenting a straightforward question about the application of the established Twombly/Iqbal ‘plausibility’ pleading standard,” he continued, “The court may … simply give us another example of how to properly apply [Federal Rule of Civil Procedure] 12(b)(6).”