On November 14, 2014, based on a representation from AstraZeneca Pharmaceuticals LP that the commercial launch of Epanova in the United States is not imminent, the United States District Court for the District of Delaware dismissed, without prejudice (i.e., preserving the ability for Amarin to later re-file the suit), Amarin's complaint against Omthera Pharmaceuticals, Inc., and its parent company, AstraZeneca Pharmaceuticals LP. The complaint sought injunctive relief and monetary damages for infringement of Amarin's U.S. Patent No. 8,663,662… In the complaint, Amarin alleged infringement of the Patent arising from the anticipated launch of Epanova in the United States following the product's FDA approval in May 2014.
…The court was persuaded by the defendants' representation that Epanova would not be launched in 2014 and by the defendants' representation that it would provide notice to Amarin prior to any product launch. The court indicated that it relied on those representations in rendering its decision and noted that they are binding on the defendants as a matter of judicial estoppel. Amarin intends to pursue this litigation vigorously if and when any such notice is received and plans to aggressively protect its intellectual property rights.
Epanova is the Omega-3 fish-oil product AZN picked up in the 2013 acquisition of Omthera for $260M plus contingent rights (#msg-88369969). Epanova was approved by the FDA in May 2014 (#msg-101629554).
AZN apparently hasn’t received much return on its investment.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”