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Troutman Pepper Locke is proud to sponsor the ACC Greater Philadelphia In-House Counsel Conference on Thursday, April 16, 2026, from 7:15 a.m. to 5:15 p.m. at the Pennsylvania Convention Center.
Partner Maia Harris will speak on the panel “Skinny Labelling of Generic Drugs,” at 9:55 a.m. ET.
Session Description:
What had been previously viewed as a straightforward application of a statutory safe harbor has become considerably more complicated in recent years. 21 U.S.C § 355(j)(2)(A)(viii) allows a generic drug manufacturer to exclude (“carveout”) a patented use from its label, thereby avoiding induced infringement liability. In Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (No. 24-889), the U.S. Supreme Court will decide whether certain actions by a generic drugmaker, such as calling its product a “generic version” or referencing public information about a branded drug, are sufficient to claim induced infringement when the generic label excludes the patented use. We will discuss arguments on both sides of this closely watched case with the potential to have a major impact on the generic drug industry.
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