In 2024, the Federal Circuit held—for the second time—that a generic pharmaceutical company could, under certain circumstances, be liable for inducing infringement of a method of use patent for a carved out indication. Hikma, the aggrieved generic, has petitioned to the Supreme Court. On June 23, the Supreme Court took an interest by soliciting the views of the United States. If left to stand, the growing precedent over inducement for section viii indications may stifle investment into generic drugs. Will the Supreme Court save lower-cost medications from inducement by skinny labels?
Read MoreToday, the Federal Circuit issued an important precedential decision for induced infringement. The case, Enplas Display Device Corp. v. Seoul Semiconductor Co., Ltd., Case No. 2016-2599 (Fed. Cir. Nov. 19, 2018), indicates that defendants that manufacture and sell components abroad cannot so easily evade induced infringement by claiming ignorance that their products end up within the U.S. market.
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