Professor Charles Duan filed his most recent amicus brief on upcoming Supreme Court case, Himka Pharmaceuticals USA Inc. v. Armin Pharma. He will be the moderator for PIJIP's Intellectual Property at the Supreme Court Series, where counsel of record and counsel for selected amici will be invited to offer post-argument reflections in intellectual property (and related) cases heard by the Supreme Court.

Issues

(1) Whether, when a generic drug label fully carves out a patented use, allegations that the generic drugmaker calls its product a “generic version” and cites public information about the branded drug (e.g., sales) are enough to plead induced infringement of the patented use; and

(2) whether a complaint states a claim for induced infringement of a patented method if it does not allege any instruction or other statement by the defendant that encourages, or even mentions, the patented use

Click here, to read Professor Duan's full amicus brief.

Register here, for the upcoming IP@SCOTUS case.