Tuesday, October 29, 2019 8:05:53 PM
"Plaintiffs persuasively argue that no treating physician would view the labeling in a vacuum - rather, they would bring their own knowledge and experience to bear on the labeling in deciding the duration of treatment."
"Plaintiffs also make the related argument that doctors know severe hypertriglyceridemia is a chronic condition requiring indefinite treatment;", and " doctors would understand the labelling as requiring treatment for more than 12 weeks".
"The Court finds this argument intuitively persuasive - chronic conditions require indefinite treatment."
Tonight the generic companies are reading the above language from the court knowing that the court has now thrown out their last remaining argument for the invalidity of Amarin's patents (written description), and that they've conceded all other invalidity arguments (anticipation; enablement; indefiniteness). With no remaining invalidity defenses available to them, all they are left with is the inducement infringement theory, and the court has made it quite clear how it views that issue.
I believe today's decisions put Amarin very much in the driver's seat with regard to a settlement, as the likelihood of a generic win at trial is vanishingly small. Before today's decisions, the generics' leverage was increasing with every day leading up to the trial date. After today's decisions, I think that dynamic has been flipped. The offers to settle, from Amarin,, will only get smaller by the day. I think that was telegraphed in the update this evening to the Amarin website where they stated, "In Amarin's view, the summary judgement process and today's court ruling have strengthened Amarin's position in the litigation by eliminating from the case several potential lines of generic argument. As such, the ruling strengthens Amarin's position should it determine that case settlement is in the company's best interest."
I would now expect a settlement sooner than later.
Recent AMRN News
- Form 8-K - Current report • Edgar (US Regulatory) • 06/04/2024 11:30:10 AM
- Amarin Board of Directors Announces CEO Transition • GlobeNewswire Inc. • 06/04/2024 11:30:00 AM
- Amarin Receives National Reimbursement for VAZKEPA® (icosapent ethyl) in Greece and Announces Exclusive Marketing and Commercialization Agreement with Vianex S.A. • GlobeNewswire Inc. • 05/28/2024 12:15:23 PM
- Amarin to Present at H.C. Wainwright 2nd Annual BioConnect Investor Conference • GlobeNewswire Inc. • 05/06/2024 12:00:00 PM
- Amarin Reports First Quarter 2024 Business Update and Financial Results • GlobeNewswire Inc. • 05/01/2024 11:00:00 AM
- Amarin Applauds HealthyWomen’s Citizen’s Petition Urging FDA To Take Further Action On Fenofibrate Prescribing in Patients at Risk of Cardiovascular Event • GlobeNewswire Inc. • 04/24/2024 06:00:01 PM
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- Amarin to Report First Quarter 2024 Financial Results and Host Conference Call on May 1, 2024 • GlobeNewswire Inc. • 04/15/2024 12:00:00 PM
- Amarin Highlights Key Data Providing Mechanistic Insights into Eicosapentaenoic Acid (EPA) at ACC.24 • GlobeNewswire Inc. • 04/08/2024 12:00:00 PM
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- New REDUCE-IT® Analyses Show VASCEPA®/VAZKEPA® (Icosapent Ethyl) Benefit in High-Risk Cardiovascular Disease Patient Subgroups • GlobeNewswire Inc. • 04/06/2024 07:30:00 PM
- Amarin Provides Update on VAZKEPA® (Icosapent Ethyl) Intellectual Property Portfolio in Europe • GlobeNewswire Inc. • 04/03/2024 12:00:00 PM
- Research Evaluating Benefits of VASCEPA®/VAZKEPA® (icosapent ethyl) to be Presented at the American College of Cardiology’s (ACC) Annual Scientific Session & Expo • GlobeNewswire Inc. • 03/25/2024 12:00:00 PM
- Form ARS - Annual Report to Security Holders • Edgar (US Regulatory) • 03/04/2024 10:30:53 PM
- Form DEF 14A - Other definitive proxy statements • Edgar (US Regulatory) • 03/04/2024 01:00:24 PM
- Form 10-K - Annual report [Section 13 and 15(d), not S-K Item 405] • Edgar (US Regulatory) • 02/29/2024 12:06:26 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 02/29/2024 12:05:56 PM
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- Form PRE 14A - Other preliminary proxy statements • Edgar (US Regulatory) • 02/12/2024 01:00:24 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 02/09/2024 09:31:50 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 02/09/2024 09:30:28 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 02/09/2024 09:30:12 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 02/02/2024 09:30:24 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 02/02/2024 09:30:22 PM
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