In an interview with Law360, Knobbe Martens partner Jeremiah Helm offered insights into the Supreme Court’s decision to hear a petition of the Federal Circuit’s ruling in Hikma v. Amarin.
The court’s decision in the highly anticipated patent case will offer guidance on the use of ‘skinny labels’ to market generic drugs, Helm told Law360. He outlined the possible impact of both potential outcomes in the case, which could either limit generic drug marketing or allow for more expansive marketing statements.
Helm also noted how the purpose of the Hatch-Waxman Act, which allows generic drug manufacturers to use skinny labels, might play a role in the case. In evaluating this case, the justices will likely need to weigh whether the Federal Circuit’s decision could undermine the intent of Congress to lower drug costs and facilitate generic competition.
Read the full Law360 article here [subscription required].
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