Amarin Corp Plc (AMRN)

[Biobillionair]

Re: ITC appeal...ITC responds to "proposed intervenors" (illegal drug Omega -3 companies) motions to alter briefing schedule and intervene.

Motion to Alter brief schedule: ITC is not a huge fan of the idea, and thinks it would not be more efficient

Motion to intervene: ITC's opinion is summed up in their own words below.

While the Commission readily consents to intervention when there is a proper basis for it, Proposed Intervenors have not set forth a basis for intervention here. If intervention is to be granted, it must be on some other basis than that advanced by Proposed Intervenors. As noted above, Proposed Intervenors may seek leave to participate as amicus curiae. The Commission will not object to such a motion.

We are now waiting for the courts orders regarding the proposed intervenors two motions.

Guessing it will happen quickly, this court is not messing around. I'm guessing court will NOT alter briefing schedule, as it's original order states. And now I highly doubt the court will allow "proposed intervenors" that where never charged with anything due to the ITC's decision not to investigate. I feel like the ITC might not even make an argument other than "FDA didn't want us to investigate"...duh!

I fully expect the final event to occur during the appeal process, this will be a huge advantage to Amarin.

Very very good lawyering IMO.

BB

Copy of Docket:
12/04/2017 10 Entry of appearance for Wayne W. Herrington as of counsel for Appellee ITC. Service: 12/04/2017 by email. [480086]
12/05/2017 11 ORDER filed. Amarin's motions [8] [479748-2] [7] are granted to the following extent: Appeal Nos. 2018-1247 and -114 are consolidated. The revised official caption is reflected in the order. Amarin's consolidated opening brief must make all of its requests for relief, including mandamus relief. The petition filed as Docket Entry No. 2 [479703-2] in 2018-114 shall not be transmitted to the merits panel. Any response by the Commission to Amarin's request for mandamus relief must be included within the context of its consolidated response brief. The Commission should not anticipate any extensions of time for the filing of its brief. This case will be placed on the earliest available oral argument calendar after briefing is completed. The certified list is due January 10, 2018, and Amarin's consolidated opening brief is due no later than ten days thereafter. (Per Curiam). Service: 12/05/2017 by clerk. [480352] [18-1247, 18-114]
12/05/2017 12 Note to file: The following cases are associated: 18-1247 Lead with 18-114 Consolidated. FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [480417] [18-1247, 18-114]
12/11/2017 13 Entry of appearance for Mark S. Davies as principal counsel for Royal DSM NV, DSM Marine Lipids Peru S.A.C., DSM Nutritional Products, LLC, DSM Nutritional Products Canada, Inc., and Pharmavite LLC. Service: 12/11/2017 by email. [481668]
12/11/2017 14 MOTION of Proposed-Intervenors Royal DSM NV, DSM Marine Lipids Peru S.A.C., DSM Nutritional Products LLC, DSM Nutritional Products Canada, Inc., and Pharmavite LLC for leave to intervene. Any response is due within 10 days of service [Consent: opposed]. Service: 12/11/2017 by email. [481675]
12/11/2017 15 MOTION of Proposed-Intervenors Royal DSM NV, DSM Marine Lipids Peru S.A.C., DSM Nutritional Products LLC, DSM Nutritional Products Canada, Inc., and Pharmavite LLC to set briefing schedule. Any response is due within 10 days of service [Consent: opposed]. Service: 12/11/2017 by email. [481678]
12/13/2017 16 RESPONSE of Appellants Amarin Pharma, Inc. and Amarin Pharmaceuticals Ireland Ltd. to the motion for leave to intervene [14]. Service: 12/13/2017 by email. [482453]
12/13/2017 17 RESPONSE of Appellants Amarin Pharma, Inc. and Amarin Pharmaceuticals Ireland Ltd. to the motion to set briefing schedule [15]. Service: 12/13/2017 by email. [482455]
12/14/2017 18 RESPONSE of Appellee ITC to the motion to set briefing schedule [15]. Service: 12/14/2017 by email. [482582]
12/14/2017 19 RESPONSE of Appellee ITC to the motion for leave to intervene [14]. Service: 12/14/2017 by email. [482586]