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Hikma Should Face Amarin s Patent Suit, Magistrate Says
Law360 (August 3, 2021, 8:54 PM EDT) Hikma Pharmaceuticals should not be able to dodge a lawsuit claiming it encouraged doctors to prescribe its generic version of the heart drug Vascepa for uses covered by a series of Amarin patents, a Delaware federal magistrate judge says.
Magistrate Judge Jennifer L. Hall on Tuesday issued a report and recommendation in a lawsuit filed by Amarin Pharma Inc., Amarin Pharmaceuticals Ireland Ltd. and Mochida Pharmaceutical Co. Ltd. alleging that Hikma induced infringement of three patents.
Specifically, Amarin alleged in the so-called skinny label case that Hikma induced doctors to infringe the patents by instructing them to use the Hikma generic.
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On April 23, 2021, President Biden signed into law two bipartisan bills aimed at reducing prescription drug prices by supporting generic and biosimilar alternatives to branded drugs.
The Ensuring Innovation Act supports generic drugs by clarifying the technical qualifications for earning exclusivity as a new chemical entity. The Advancing Education on Biosimilars Act provides for increased federal efforts to educate patients, doctors and caregivers about biosimilar drugs.
These changes come as proposals for more comprehensive legislation on drug pricing, such as allowing Medicare to negotiate prices directly with manufacturers, have thus far been excluded from the Biden Administration’s major spending initiatives. Below is a short summary of each new bill.