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Re: jessellivermore post# 221784

Tuesday, 10/29/2019 11:02:31 PM

Tuesday, October 29, 2019 11:02:31 PM

Post# of 425773
Appreciate your concern, but judging by today's ruling, it is, in my view, highly unlikely that doctors will be seeing a generic Vascepa any time before 2029. Generics will simply not be able to get past the induced infringement barrier in Vascepa's patents. Virtually all prescriptions for Vascepa will be for the purpose of treating chronic conditions. And any generic is legally required to have essentially the same label as the brand name drug. As such, there is no way the generic manufacturers can successfully argue that doctors will not, in most cases, prescribe the drug for more than 12 weeks based on that label, and based on what the drug is proven to treat.

As much as people might distrust the legal system, our courts are in fact rooted in fairness, reasonability and logic. The courts language today demonstrated a clear understanding of Amarin's arguments and support for the notion that a generic company shouldn't be allowed to sneak into the market through a loophole if the real world result is that a patent gets violated. Bottom line is that, between now and 2029, if doctors are going to widely use purified EPA for treating chronic conditions, it will, by law, have to be in the form of Amarin-manufactured Vascepa.
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