January 26, 2026
Foley Hoag Partner Jeffrey Lewis was featured in Endpoints News discussing the U.S. Supreme Court’s decision to review a closely watched case involving “skinny labels,” a long‑standing mechanism that allows generic drugmakers to enter the market sooner by carving out patented indications.
Lewis noted that the Court’s decision to take up the Hikma–Amarin dispute reflects its interest in addressing the issue with a clearer factual record than in earlier cases.
“When the Supreme Court assumes there will be multiple opportunities to weigh in on an issue, they may wait for the case that is more to the point that they want to be addressing,” Lewis said.
He added that an earlier skinny label litigation involving GSK and Teva, which the Supreme Court declined to review, presented “a much more complex factual scenario,” making the Hikma case a cleaner vehicle for review.
