U.S. Supreme Court rules in favor of generic drug patents

By Andrew Rice
The Center Square

The U.S. Supreme Court, in a unanimous decision on Thursday, ruled that a cardiovascular drugmaker did not violate America’s patent laws. The ruling could allow for generic drug manufacturers to produce more without fear of patent lawsuits.

Justices on the high court ruled in favor of Hikma Pharmaceuticals in a case over whether it infringed on Amarin Pharma’s cardiovascular medication, Vascepa. The justices said Hikma Pharmaceuticals did not infringe on Amarin’s patent.

Justice Ketanji Brown Jackson said Hikma should be allowed to proceed its production of the generic drug since it got approval from the Food And Drug Adminstration. Advocates for generic drugs argued the process allows for patients to obtain necessary medication at lower prices.

“We decline to put generic manufacturers between a rock and a hard place by turning adherence to the law and industry standards into building blocks for illegal conduct,” Jackson wrote.

Lawyers for Amarin Pharma argued that sales from Hikma Pharmaceuticals harmed its own business practices. Justices on the high court said these arguments were unsubstantiated and could not properly be included in this particular patent lawsuit.

“For Amarin’s speculation to bear out, a medical provider would have to look up and read the press releases, which were directed to investors rather than doctors and pharmacists; have enough background knowledge of pharmaceutical sales to understand the quoted sales figures,” Jackson wrote.