Amarin Corp Plc (AMRN)

[HinduKush]

In Astra Zeneca LP v. Apotex Inc. (“AstraZeneca”), the Federal Circuit ruled that a pioneer drug manufacturer would be
irreparably harmed by the launch of a generic drug that would
“necessarily” be used by “some consumers” in an infringing
manner. The generic manufacturer claimed it did not possess
the “specific intent” to induce infringement, because it had
tried to remove all patented use information from its label, and
in any event, its drug was approved by FDA for various non-infringing uses. Nonetheless, the court held that a manufacturer
that intends to place a drug on the market knowing it will be
used in an infringing manner by some consumers would be liable for inducing infringement, for which the appropriate remedy is an injunction. The court said it did not matter that the
infringing use was mandated by FDA requirements, because
the manufacturer had other options for avoiding inducement.