It is jargon within the Clerk's Office for setting filing and hearing deadlines.

Putting aside the legal distinctions between parent and subsidiary, the answer is essentially, Yes.

Well that's a great point. Business realities sometimes supersede potential litigation gains.

Sleven, that is very plausible, especially because Hikma may be the primary target of the lawsuit. By getting HealthNet out of the way, Amarin was able to appeal as of right with all issues being final as to all parties.

Could they pull in another insurance company? Yes. Will they? Likely not, as I think with the delay and the tone of the oral argument, they want to zero in on their arch-enemy, Hikma.

Institutional failure. I can't perpetually dwell on it without being dumbfounded and angered, but we all deserved better. Hopefully for the shareholders, this current court process eventually yields justice along with corresponding share appreciation from the current $1.00 levels.

BBI, Judge Du is absolutely deserving of complete blame for her disgraceful Opinion ducking the issue when we presented her Mistake and the Fraud upon the Court to her in crystal clear fashion. There are no words too strong to condemn the lawlessness and abdication of judicial duty on the part of Judges Du, Reyna, and especially Judge Dyk in the way that they turned a blind eye to what was "obviously" presented to them.

When that occurs, and the courts themselves abdicate their judicial duties, the Rule of Law dissipates, and lawlessness ensues. This is not ego or sour grapes. It is fact. And a lot of good people were hurt along the way.

No problem, JRPac. It is my pleasure to discuss the law with all of the good people here who have royally been screwed by the lawlessness that has plagued Amarin related court proceedings from the Du decision to date.

cloudera, an injunction is premature at this time. All the CAFC is saying is that Amarin is entitled to try to make its case through discovery, overcome an SJ motion, and try the case before a jury. Who knows, if discovery goes well, Amarin might be able to move for SJ. Once Amarin either wins a jury verdict, or has enough material to win summary judgment, they will be in position to seek an injunction.

lizzy, there is no time limit.

A lot depends upon the language in the Remand. We should all very much look forward to seeing the Opinion when it comes down.

I wish cbb. But too much time has passed, and too many courts have passed on the opportunity to remedy that problem. Amarin doesn't want to pursue, and even if they did, it is no longer ripe to pursue. The courts wrongfully denied us standing, so we cannot pursue. If we had a Panel like today's Panel, I believe we would have prevailed. It's very frustrating that justice is largely dependent upon who is meting it out.

And that's just the thing. Their business model is dependent upon the Generic being prescribed for the CVD indication. An injunction which formally stops that, could cripple generic Vascepa.

If the substance, tone, and tenor of the oral argument is any indication, the Panel emphatically agrees that the Motion to Dismiss stage was too early to throw out this case, and the decision doing so should be reversed and remanded for the parties to commence discovery.

Yes sleven. The Pandora's Box will be open. It just makes sense. As we have all raged on this Board since the lawless Du decision, and the further lawlessness failing to remedy the Du decision, including our own case, the entire process of Generic Vascepa has been a judicially endorsed scam. Lawlessness.

Everyone knows including the Generics that their business model is directly dependent upon nobody in the sales/distribution chain caring that about the infringement. Well through this lawsuit, the scabs will be picked off that scam. The Generics are in a real quandary. Their optimized profit margins are dependent upon an unfair playing field. If the Rule of Law finally prevails over the previous lawlessness, and the playing field is finally slevened, then the math might no longer work for the Generics, leading to Amarin recapturing the U.S. market.

That was a huge advantage as an Appellant, because the Appellant could point to the Judge who already saw the case their way.

Zip, I wish there was a procedural mechanism to right that wrong, but unfortunately that ship has sailed. But rejoice in the fact that the favorable decision likely emerging from today's argument could finally turn the tide the way it should have always been flowing.

Ani, see my comments and those of others below. Amarin stands in the best position it has stood in since the day of that dreadful Judge Du decision. This case could completely upend the lawless dynamic which has since transpired.

It could drag, but imagine the upside. Generics could be backed into a corner: As long as they are allowed to infringe the business model makes sense. If not allowed to infringe, then the business model fails. If I am running Amarin, I am going for the jugular. Drive them from the market. Legally. By the Generics own choice, because they can only profit from generic Vascepa through unsavory infringement.

Whether I was here or not, you hit the bullseye with all of your comments and analysis. The Generics' sales model is based upon trickery. It has been lamented on this Board since the Du decision. Yet there has been utter lawlessness, including the unjust lawless disposition of the case I argued. Finally there is accountability. Now Amarin's lawyers can get Hikma to open their books, and ask the execs the hard questions during depositions. Delicious fun.

There's always a chance of settling. But what would the settlement look like? This is tricky. Plus the two companies despise each other. The obstacle to settling is that the Generics' model is an unsavory one, where they try to manipulate the law and policy to infringe. But if they were to compromise on their trickery, then the business reality enters the fray, and their profitability on the product potentially becomes unviable.

That's exactly right. Justice had its day today.

Today is the first day of accountability for the Generics' sniveling sneaky manipulation of the law, aided and abetted by Judges Dyk, Reyna, and Du.

Yes! It's all on the table. Treble infringement damages, plus injunctive relief. Under a best case scenario, this pulverizes the generics, because the dirty little secret we all knew from the beginning, is that the generics' economic model is dependent upon the real world inattention of the sales/distribution chain that nobody cares at that level about the infringement upon CVD.

As a Plaintiff's attorney, you never worry about this "down the road" possibility of defeat. They key is getting by an overbearing Judge depriving you of the chance to take discovery to prove your case. Once you get over that initial hurdle, it's "game on", and the taking of discovery should only make the case stronger. Dig up that dirt, and then case gets moore and moore life.

It could usually take months, but I have a feeling that this one is much quicker, because they are essentially saying that we don't know how it is going to end, and Hikma still might win on SJ, but it is too early in the case to toss it. Start discovery.

I would have won in front of this wonderful Panel! Even if any one of them was on our Panel instead of evil Judge Dyk, we would have prevailed in fraud-on-the-court case. We can't undo that, but today was a great day for Amarin and its embattled shareholders.

"You may win on summary judgment". Victory in this appeal is guaranteed.

Tremendous. Panel is BBQing Hikma's nonsense.

"This is not a section 8 case anymore!" "This isn't going to unravel Section 8" "How is this going to unravel Section 8? This is not Section 8."

"I am having difficulty seeing ......"

"A jury should hear both sides!"

They're roasting Hikma's attorney on the broad, plaintiff-friendly Motion to Dismiss standard. This is HUGE.

Solidly 50-50 for the reasons set forth in my Post 421562. I have not reviewed the Appellate Briefs, but based upon the broad motion to dismiss standard, GSK v. Teva, and the Magistrate's favorable decision, this appeal has legs to it.

2014, so I think I just missed the LED revolution.😁

Michael,

Like the previous oral arguments, there should be a call-in number where interested parties can listen live. I calendared it, and look forward to listening live. A recording of the argument should also be available for listening on the Court's web site for anyone who misses it live.

Well you hit all the salient points even as the "non-lawyer". The point is that I know from experience, that in many cases if the plaintiff gets over the Motion to Dismiss hurdle, that opens a whole runway for the plaintiff to run, and that often triggers a favorable resolution because the defense does not want to incur the costs or hand over the discovery. If this Appeal succeeds, it will be the most exciting time around here in a long, long time, because success here has the opportunity to restore some of that swagger obliterated by Judges Du/Dyk/Reyna.

Allan, warmest regards. I guess we're on the sidelines instead of the trenches for this one.

Agreed that the Company will probably take a "no comment" position on the upcoming oral argument. Nobody has a crystal ball about how a reversal would affect the stock price, but a win and remand on Appeal, would be HUGE for the company and the shareholders, as Amarin would now be in the driver's seat in the litigation.

While the Judge in theory might have the option of rejecting Amarin's claims all over again, the Judge might not be in such a position. A reversal and remand is not the same as the CAFC's hideous Rule 36 one word "Affirmed" nonsense. A reversal and remand will be accompanied by a written Opinion with reasons. That Opinion constitutes binding authority upon the District Court. That Opinion might severely restrict the Judge's ability to throw the case out. In any event, a reversal and remand opens a Pandora's Box of good things for Amarin and it shareholders.

Ani, thanks. I never really left, but just get overwhelmingly busy with deadlines and brain drain. Even as I write this, I am at the Jeep dealer because my driver's side headlight is out, a month after I was here due to my passenger side headlight being out. If you need to reach me, I can be reached at mkasanoff@att.net, which is my email.

Thanks DAR, best to you as well. Hopefully Amarin is in good hands, and the Dyk/Reyna combination is not assigned. What happened in our venture before them was a travesty of justice, as even the Standing argument against us had not merit under 9th Circuit law which was the applicable law. The courts all the way up to the highest levels allowed a fraud to be perpetrated upon the court, to the detriment of so many who deserved better from the legal system.