Supreme Court Patent Update: Hikma Redistributed, Curtin's Missing Brief, and Two Petitions on Deck

"The court has denied cert in two cases: SurfCast v. Microsoft (25-555) (R.36 case) and Vetements v. Stewart (25-215) (international translation in trademarks). Most notably, it redistributed the skinny label case of Hikma v. Amarin (24-889) to its January 16 - a signal typically seen as increasing the likelihood of grant. Several other patent cases remain in various stages of briefing, with one presenting an unusual procedural posture."

"The case asks whether a generic drug manufacturer that fully carves out patented uses from its FDA-approved label can face induced infringement liability based on marketing statements and publicly available information about the branded product. The Solicitor General filed a supportive brief in December 2025 recommending that the Court grant review, arguing that the Federal Circuit's approach creates uncertainty about the scope of protection the Hatch-Waxman framework provides for skinny-label generics."

The court denied certiorari in SurfCast v. Microsoft (25-555) and Vetements v. Stewart (25-215). The Court redistributed Hikma v. Amarin (24-889) to the January 16 conference, a signal that typically increases the likelihood of grant. Hikma raises whether a generic manufacturer that carves out patented uses from its FDA-approved label can face induced infringement liability based on marketing statements and public information about the branded product. The Solicitor General filed a supportive brief in December 2025 urging review and arguing that the Federal Circuit's approach creates uncertainty about Hatch-Waxman protection for skinny-label generics. Historically, favorable CVSG responses and redistributions raise grant odds.

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