After Dinsmore’s intellectual property team filed an amicus brief with the Supreme Court of the United States on behalf of the Licensing Executives Society (USA & Canada), Inc. (LES), partner Brian O’Shaughnessy was interviewed by Law360 about the case.
The brief was submitted in Hikma Pharmaceuticals USA Inc., et al. v. Amarin Pharma, Inc., et al., which centers on the pleading standard applicable when a generic drugmaker is accused of induced patent infringement when it uses a “skinny label” that carves out a patented use, yet still refers to its product as a “generic version.”
The article reads, “The Federal Circuit’s decision in the Hikma case was clear and consistent with precedent, he (Brian) said, and affirming it will maintain clarity in the law. But if the justices reverse or set new standards, he added, they would be ‘throwing us all into a bit of uncertainty as to what’s expected going forward.’” LES urged the Court to proceed cautiously as any change will affect patent owners and implementers in all disciplines.
Find the full article from Law360 here.