SCOTUS Rules Hikma’s Skinny-Label Vascepa Does Not Infringe Amarin Patents
The Supreme Court unanimously ruled for Hikma, holding that its generic Vascepa does not infringe Amarin’s patents because Amarin failed to plausibly show that Hikma actively induced infringement, thereby upholding skinny-label marketing for non-patented uses. The decision overturns a lower court ruling and reinforces the pathway for cheaper generics after Vascepa’s FDA-approved label expansions; Amarin’s patents on the severe form were invalidated in 2020, but some protection for other indications remains. DOJ support and industry reaction framed the decision as a win for generic competition and patient access to affordable medicines.