Hikma Fails To Nix Vascepa Induced Infringement Case Early On
Hikma And Health Net Cases ‘Can Move To Discovery’
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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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.
On the back of a string of launches in 2021 – including the full introduction to the US market of its generic rival to Advair – Hikma has raised its full-year forecast for its generics business in anticipation of a healthy second half.
A controversial ruling involving labeling carve-outs that saw Teva hit with $235m in damages over its generic rival to GSK’s Coreg has been upheld after being reheard by the US Court of Appeals for the Federal Circuit. However, the court sought to counter the suggestion that its decision upends Hatch-Waxman labeling carve-out provisions.