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Re: oneragman post# 166977

Thursday, 12/13/2018 11:01:18 PM

Thursday, December 13, 2018 11:01:18 PM

Post# of 427733
Onerag: I'm primarily looking at this from the perspective of what this does to AMRN's market and thus does it even impact investor sentiment.

I'm not trying to parse the words "shall" and "must" for what an administrative agency has to do according to an ALJ or the CAFC. The IP attorneys will care about that - investors likely will not except as it pertains to walling off some marketshare %.

The Laerdal case was remanded back to the ITC and what they do going forward on that case is irrelevant

Well, ok - then are you arguing what my essential point was all along - some kind of division in the marketplace by AMRN IP/concentrate level because the ITC functions really don't matter?

So, if it gets remanded back to the ITC and what happens afterwards is irrelevant, your word choice not mine, then is AMRN wasting time, because what happens with the ITC, acting without any other relevant agency's input, actually trying to apply and block imports would be irrelevant. What's an ITC remedy -- would that be an exclusion order and a cease and desist order...on what exactly...)? Somebody has got to define what - where's that roadmap.

Also, did I say AMRN is "wrong" - I recall leading with they were "smart and aggressive" in their tactics.

Do you think any company should be able to instigate private FDCA enforcement based on allegations, not on FDA findings?

Last I knew these were still open questions of law and policy on which FDA has not even reached final conclusions/findings.

At any rate, thanks for all the additional non-FDA technology case suggestions like SAS and Kingdomware on "shall" = "must"!

- SK



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