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They probably won't even hear the en banc appeal. If we had a dissenter it would be something but the fix was in. Thero was very very stupid in not paying off a very high level lobbyist to make sure things in the government at least sometimes go his way. But why should he care he got to steal millions anyway and we can't personally sue Thero not even if we got Lin Wood as our lawyer.
I want Thero to be fired and have wanted him fired for over the past year but if they didn't even fire Kennedy after the Du ruling I'm not even sure they'll do that now.
I know about the 2013 adcom.
The difference between the 2013 adcom and this 2020 debacle is the 2013 adcom wasn't all Jay Z's fault.
Whereas this idiocy probably could have been avoided entirely if the stammering moron hadn't okayed filing the claim in THE 9TH CIRCUIT.
People who say JT got us through Reduce IT probably also wear masks alone in their cars.
JT didn't have to DO anything to get us through Reduce-IT except dilute the stock every once in a while and stammer during quarterlys. Any moron could have done that.
He didn't change his approach much after Reduce IT.
Thero is almost certainly a f***ing Democrat.
He would have known better than to file in the 9th circuit otherwise.
Thero's plans to work...
Yeah not just no but f*ck no. Unless Thero's plan is to resign we don't need anymore plans from Thero. The board needs to fire him, Kennedy too.
Can I go to the bathroom 1st should be the next words out of JT's mouth before security escorts him out.
The market must be pricing in Thero and Kennedy getting shitcanned.
Unfortunately we got 3 Democrat judges.
With Democrats you lose. Thero could have avoided the whole situation by not filing in 9th circuit donkey country.
I don't like dmiller for many reasons but when you're right you're right. Anyone looking at this optimistically in regards to the appeal probably IS using confirmation bias.
We know almost for sure Dyk is voting against us (interrupting the opening statement that is clear hostility) and our best hope in regards to the case is that Reyna and Hugh already made up their minds in our favor. I'd give it around 25%...
Still AMRN could revamp their business model and be its own generic and still make lots of money, as well as make lots of money in other markets. The problem is its not capable of doing it with Thero there.
Good point Raf...
Also note that it was Covington who f**ked over Flynn originally in his non appeal trial...
Guys stop whining and start flooding IR demanding Thero and Kennedy be fired.
We'll at least get a stock spike back to 6.50 immediately if they are. The street (rightly) has no confidence in the stammering moron crook who somehow got in a position to legally steal so much from us.
I hope we're all emailing IR and demanding the immediate firing of Thero.
Why is it always AMRN's enemies who buy the people off and not Thero... if had spread some of that 200 million he made around to the right people and avoided the 9th circuit this wouldn't have happened.
I'm glad that after the 1st legal disaster I got smart and started selling calls on every spike.
AMRN is a very good company to sell covered calls on but not a good investment.
It never will be a good investment as long as Thero is the CEO, even if they win the appeal like the farmer with the golden goose Thero would find some way to f*ck it up.
Bear longing may not be normal but its not normal to have a multi billion dollar product in the hands of a group of low IQ criminals.
The most amazing thing is how someone as clearly as stupid, gutless and yet dishonest as Thero was ever promoted to any management position...
The management clearly doesn't give a damn what shareholders think as luckily the Baker Brothers seem content to let them loot the company for whatever reason...
It does not follow that management is doing a good job, objectively they aren't.
The company should have begun 1st amendment marketing the day they got the Reduce-It results there was ZERO point to playing nice with the FDA they haven't helped us with Hikma and Dr Reddy and they gave us the 11th hour adcom, it also should not have filed in the 9th circuit. The CEO should at least learn to speak publically.
The only thing JT did that in retrospect looks like a good decision was his massive dilution for 400 million dollars... but this only looks like a good decision because the man okay'd filing in the 9th circuit. If we went to a Southern court and got a conservative judge the way we should of that dilution would have been unnecessary as well.
Wasn't Covington also the law firm that initially screwed over General Flynn by deliberately botching his defense and withholding exculpatory evidence...
I'd like to see them sued out of existence for legal malpractice...
I've always thought Thero's strategy was sort of like this...
Up at 7.30???
Did they announce that Thero is leaving or something?
Does ANYONE have contact info for the Baker Brothers... a phone number would be better than email.
We need to harass them with calls to fire JT and Kennedy until they are gone.
That is the 1st good thing I've ever heard about the Sandistas.
I wish our government basically had only banned the very few sort of mass gatherings that South Korea banned but otherwise like South Korea had no lockdowns.
For what its worth a petition against the board and the management, everyone should sign at least to make them feel better...
https://www.ipetitions.com/petition/amarin-shareholder-value
"Non-political" lawyers are generally left wing as hell. As a general rule 90% of people in the "Brahminate" ie in academia, law, education, journalism or government bureaucracy is a raging leftist. You want them accountable to people outside not picking each other.
If you were to leave the decision up to say the Federalist society than maybe.
Leaving it up to judges to pick judges would be worse than things are now... plus they would owe each other favors. Almost nothing would ever be overturned on appeal... as it stands AMRN (PROBABLY) will win the appeal imagine if they were trading favors for future judge votes...
Are there no activists investors???
All of this companies problems could be easily solved if we had competent management. The entire non-scientific part of the management needs to be fired.
When realistically will the appeal be heard (anyone with court experience)?
I suspect with the Covid backlog not until late October at the very earliest?
Can you post more depth on this, I would think Chen would rate higher given his background at the USPTO and that he probably doesn't like judges overruling the Patent office based on layman's views of obviousness.
The generics can concede all the arguments of the plantiffs and ask that the patents be reinstated as part of a settlement.
Wow he didn't sound like a stammering moron...
And he even included the threat that even should the generics win that they can cut the price license their own authorized generic and salt the earth for the generics...
I'm pleasantly surprised.
I'm going to sell covered calls every month and a half and claw my way back but don't expect any unexpected miracles while JT is still there.
How long after the 2013 adcom did JZ remain CEO.
I'm getting nervous that JT won't be fired.
I'm not talking about suing the judge. I'm not talking about getting her in any real trouble I know thats legally virtually impossible unless we can prove the generics bribed her or something.
But a well written complaint by a lawyer against her for the errors in this case before the bar... might help our case in the court of appeals.
Procedural errors and judicial misconduct...
Could any of the lawyers on the board possibly file a judicial misconduct complaint based on her procedural errors, and perhaps allege that there is "the appearance of prejudice" against the plantiffs (AMRN) in this case... would this possibly help with the court of appeals?
I know she won't get in any real legal trouble but such a complaint of judicial misconduct based upon the appearance of prejudice might help us with the court of appeals.
https://www.reviewjournal.com/news/news-columns/jane-ann-morrison/some-judges-reversed-more-than-others/
I don't know if things have changed but at least as of 2016 this is not true.
AMRN could make a new agreement with Teva at any time. So Teva would have to wait 180 days.
180 days is nothing against a qualified generic that could outcompete them.
That is not my question...
If the answer to my question is YES than AMRN should be able to convince the generics that withdrawing the suit is in their best interest via making it clear that Teva will be the only beneficiary of them winning. I am worried in the event that the answer to my question is no...
But I don't think the answer is no.
AMRN should be able to get them to settle by making it clear that the only beneficary from their victory will be TEVA as AMRN will give them qualified generic status in the event any generic is accepted to enter the market.
LEGAL QUESTION PATENTS!!!
Please answer. Now I'm told even in the event of settlement that the patents are "negated by the order".
Now can someone please explain to me why a SETTLEMENT (as opposed to an outright victory) before the appeals court cannot reinstate the patent. Certainly the defendants could ask upon a settlement that they now concede that the plantiffs claims of non-obviousness are compelling and ask the appeals court to reinstate them?
Am I wrong about this?
I keep hearing that even if the generics settle the patents are still invalid.
But why is this so, certainly the appeals court can reinstate the patent and why should the generics not be able to plead no contest and ask the appeals court to reinstate the patents as part of the settlement.
I guess the important thing is getting the appeal accepted.
I would appreciate any lawyers answering this question.
Nervous that JT's firing has not been announced.
One big silver lining of this is it would rid the company of the cancer John Thero. Now I'm nervous that he is still there?
How long did JZ (who was a better CEO by far) last after the adcom???