The US Supreme Court on Thursday ruled that Amarin (AMRN) failed to prove that a generic-drug manufacturer actively induced other companies to infringe upon two of its Vascepa patents after the generic maker received approval for a so-called "skinny-label" version of the drug.
Vascepa received Food and Drug Administration approval in 2012 for treating severe hypertriglyceridemia before receiving the FDA's go-ahead in 2019 for a second, more common use: lowering cardiovascular risk in hypertriglyceridemia patients who take statins, the so-called CV indication, for which it received two patents, the Supreme Court noted.
Hikma received FDA approval for a generic icosapent ethyl skinny label in 2020 that carves out Vascepa's still-patented CV-indication method of use, the court noted.
"Amarin has failed to state a claim for active inducement in violation of *271(b), so its complaint cannot withstand Hikma's motion to dismiss," the Supreme Court said.
The companies didn't immediately reply to requests for comment from.
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