Back to Blog
CAFC-DCTJuly 15, 2026·23-1169·Mandate recalled; appeal reinstated; prior Federal Circuit opinion and judgment vacated; remanded to the District of Delaware.

AMARIN PHARMA, INC. v. HIKMA PHARMACEUTICALS USA INC.

District Court

Holding

The Federal Circuit recalled its prior mandate, reinstated the appeal, and vacated its June 25, 2024 opinion and judgment. It remanded to the District of Delaware for further proceedings consistent with the Supreme Court's decision.

Why It Matters

The prior Federal Circuit decision in this appeal has been vacated, so counsel should treat the case as controlled by the Supreme Court's judgment and the forthcoming district-court proceedings rather than the June 25, 2024 Federal Circuit opinion.

Full Summary

AMARIN PHARMA, INC. v. HIKMA PHARMACEUTICALS USA INC. [ORDER] The Federal Circuit recalled its prior mandate, reinstated the appeal, and vacated its June 25, 2024 opinion and judgment. It remanded to the District of Delaware for further proceedings consistent with the Supreme Court's decision. The prior Federal Circuit decision in this appeal has been vacated, so counsel should treat the case as controlled by the Supreme Court's judgment and the forthcoming district-court proceedings rather than the June 25, 2024 Federal Circuit opinion. Mandate recalled; appeal reinstated; prior Federal Circuit opinion and judgment vacated; remanded to the District of Delaware. The order is nonprecedential and procedural; it does not describe the merits of the Supreme Court's decision. The Federal Circuit acted sua sponte following the Supreme Court's judgment in No. 24-889. The court recalled the mandate that had issued on October 24, 2024 and reinstated the appeal. The June 25, 2024 Federal Circuit opinion and judgment were vacated. The case returns to the District of Delaware for proceedings consistent with the Supreme Court's decision. infringement remand non-precedential infringement remand non-precedential remand non-precedential

Key Points

  • The order is nonprecedential and procedural; it does not describe the merits of the Supreme Court's decision.
  • The Federal Circuit acted sua sponte following the Supreme Court's judgment in No. 24-889.
  • The court recalled the mandate that had issued on October 24, 2024 and reinstated the appeal.
  • The June 25, 2024 Federal Circuit opinion and judgment were vacated.
  • The case returns to the District of Delaware for proceedings consistent with the Supreme Court's decision.
infringementremandnon-precedential

More on this topic