Amarin Corp Plc (AMRN)

[Biobillionair]

Re: ITC.... Should see court orders on motions 14 and 15 next week...

14

Pursuant to Rule 15(d) of the Federal Rules of Appellate Procedure, Royal DSM NV, DSM Marine Lipids Peru S.A.C., DSM Nutritional Products LLC, and DSM Nutritional Products Canada, Inc. (collectively “DSM”), and Pharmavite LLC (“Pharmavite”) (collectively “Proposed-Intervenors”), respectfully request leave to intervene in Appeal No. 18-1247 (consolidated with Appeal No. 18-144). Proposed- Intervenors were respondents in the underlying proceedings before the International Trade Commission (the “ITC” or “Commission”), and their interests are directly at issue in this appeal. Proposed-Intervenors have discussed this motion with all parties. Amarin Pharma, Inc. and Amarin Pharmaceuticals Ireland Ltd. (collectively “Amarin”) will reserve taking a position on this motion and will file a response. The Commission will reserve taking a position on this motion until after it is filed; the Commission will file a response to this motion.

15

Pursuant to Federal Circuit Rule 27(f), Royal DSM NV, DSM Marine Lipids Peru S.A.C., DSM Nutritional Products LLC, and DSM Nutritional Products Canada, Inc. (collectively “DSM”), and Pharmavite LLC (“Pharmavite”) (collectively “Proposed-Intervenors”), are preparing a motion to dismiss the petitions in this consolidated case for lack of appellate jurisdiction. In advance of that filing, and in light of the intervening holidays, Proposed-Intervenors respectfully ask the Court to set a schedule for briefing on appellate jurisdiction and to suspend briefing on all other issues until such time as the Court has resolved whether it has jurisdiction to review the petitions. By a separate filing, Proposed-Intervenors have moved for leave to intervene. Proposed- Intervenors have discussed this motion with all parties. Amarin Pharma, Inc. and Amarin Pharmaceuticals Ireland Ltd. (collectively “Amarin”) will oppose the motion and will file a response. The International Trade Commission (“ITC” or “Commission”) will reserve taking a position on this motion until after it is filed; the Commission will file a response to this motion.

I doubt the court will make a "mistake", Court combined appeal and mandamus while skipping the merits panel...does not look good for success of above motions...JMO>

BB



12 Court Order

The Amarin Pharma, Inc. and Amarin Pharmaceuti- cals Ireland Ltd. (collectively, “Amarin”) filed an appeal (Appeal No. 2018-1247) seeking review of the Interna- tional Trade Commission’s refusal to institute an investi- gation of certain imported products. Amarin has also submitted a petition for a writ of mandamus (2018-114) concerning the same decision of the Commission in case this court concludes that it lacks jurisdiction in 2018- 1247. Amarin moves to consolidate and to hold proceed- ings in 2018-114 in abeyance. Amarin separately moves to expedite the briefing schedule in 2018-1247 such that no extensions are permitted and the matter is scheduled for oral argument at the court’s earliest convenience.
Upon consideration thereof,
IT IS ORDERED THAT:
Amarin’s motions are granted to the following extent: Appeal Nos. 2018-1247 and -114 are consolidated. The revised official caption is reflected above. Amarin’s con- solidated opening brief must make all of its requests for relief, including mandamus relief. The petition filed as Docket Entry No. 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.