On August 20, 2021, Intellectual Property attorney Janet Linn was quoted in the Bloomberg Law article, “Amarin Finds New Target in Skinny Label Patent Cases: Insurers.” The article discusses the recent litigation,Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc. and Health Net LLC,, and how the novel theory argued by Amarin in the case could impact the liability of health insurance companies for induced infringement of pharmaceutical patents.

The article references the recent U.S. Court of Appeals for the Federal Circuit ruling in the case, GlaxoSmithKline v. Teva, noting that it emboldened branded drug companies to be more aggressive in their assertion of induced infringement.  Janet explains how the decision in GlaxoSmithKline v. Teva, expanded what constitutes induced infringement, paving the way for such suits against health insurance companies.  She noted regarding the decision, “That certainly started down the road of a different definition of what’s active encouragement and what affects doctors when they prescribe” generics, elements of the induced infringement claim.

Read the article here. (Subscription Required)