In a noteworthy decision last month, the Federal Circuit in Amarin v. Hikma has set a precedent likely to increase the liability faced by generic drug manufacturers. According to legal experts Jeremiah Helm and Sean Murray at Knobbe Martens, the ruling suggests that there will be a rise in allegations of induced infringement following the approval of generic drugs.
This decision is anticipated to drive more cases to at least the summary judgment stage, rather than having them dismissed at early stages of litigation. The shift represents a significant change in the landscape for pharmaceutical companies, potentially impacting how generic drugs are marketed and defended in court.