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Latest Vascepa Lawsuit Plunges Hikma Into Induced Infringement Battle

Amarin Files Over Icosapent Ethyl Capsules And Cardiovascular Indication Patents

Executive Summary

Hikma has pushed back against a further attempt by Amarin to counter its US generic version of Vascepa, this time via a fresh lawsuit claiming that the generic induces infringement of patents protecting cardiovascular indications for which the brand is approved but which are carved out of the generic label.

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Hikma Triumphs As Vascepa Induced-Infringement Case Dismissed

An attack on Hikma’s skinny-label generic version of Vascepa by originator Amarin, claiming induced infringement of patents protecting a cardiovascular indication, has been dismissed in the US.

AAM Warns Of Dangerous Precedent In Vascepa 'Skinny Label' Case

By allowing Amarin’s allegation of induced infringement against Hikma over its generic version of Vascepa to proceed, a US court is jeopardizing the ‘skinny label’ system that allows generics to carve out patented indications from their labels under the Hatch-Waxman framework, according to the AAM.

Hikma Fails To Nix Vascepa Induced Infringement Case Early On

In a suit closely watched by industry, a US district magistrate judge found that Amarin had at least stated a plausible claim in its case accusing Hikma and US healthcare insurance provider Health Net of induced infringement of Vascepa method-of-use patents, which Hikma has carved out of its generic label.

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