What To Watch as Justices Take on “Skinny Label” Case

William Milliken, director and co-chair of Sterne Kessler’s appellate practice, spoke to Law360 on the possible impacts from the upcoming U.S. Supreme Court case Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc.

Secondary infringement was addressed in the recent Supreme Court copyright case, Cox Communications, Inc. v. Sony Music Entertainment, Inc., which Hikma argued supports its case. Milliken stated, “There is a definite potential for an impact” on the Hikma case from the Cox ruling. “Because what the court says about induced infringement liability in the copyright context is presumably going to carry over to how they look at induced infringement liability in the patent context.”

Milliken explained the distinction between the cases and that “Cox is sort of a signal that the court may be looking to limit secondary liability” and could be receptive to Hikma’s argument.