Overview
Steptoe patent litigation partner Vishal Gupta was quoted in a Bloomberg Law article titled "Amarin Finds New Target in Skinny Label Patent Cases: Insurers." The article, published August 20, discusses a patent lawsuit filed by Amarin Pharma Inc. against insurance provider Health Net over Amarin’s heart medicine Vascepa.
In the lawsuit, Amarin is testing a novel legal argument of induced infringement. Health Net argues Amarin is trying to hold it liable for simply "doing what every health insurer does—i.e., covering a generic product that had received FDA approval."
Gupta says, "If a final determination of infringement is found, it opens up a lot of potential litigation against the insurance companies."
The full article can be read at Bloomberg Law (subscription required).