Amarin's request in upcoming court case for Jan 13th. Taken from Bench Trial Hearing Transcript dated 12/10/19. Notice particularly e,f and g. I think someone posted earlier that there was no chance we got our attorney fees covered or anything else. Amarin is saying that this case is exceptional and asking for attorney fees, cost and expense of the court trial itself and "other relief" that the Court feels appropriate. Looks like little Amarin is not backing down and now the price
of not settling by ANDA filers could be a lot more expensive and makes them have to weight their position with a little more scrutiny
. Not a certainty that we win but definitely AMRN is the heavy favorite this time.
18. In the present case, Case No. 2:15-cv-02525, Plaintiffs seek the following relief:
a. A judgment that Defendants have infringed the Asserted Claims under 35 U.S.C. § 271(e)(2)(A);
b. An order pursuant to 35 U.S.C. § 271(e)(4)(A) providing that the effective date of any FDA approval of Defendants’ ANDAs is not earlier than the expiration date of the Asserted Patents or any later expiration of exclusivity for the Asserted Patents to which Plaintiffs are or become entitled;
c. A permanent injunction restraining and enjoining Defendants and their officers, agents, servants, employees, parents, subsidiaries, divisions, affiliates, and those persons in active concert or participation with any of them, from making, using, selling, offering to sell, or importing any product that infringes the Asserted Claims, including the products described in Defendants’ ANDAs;
d. A judgment declaring that making, using, selling, offering to sell, or importing the products described in Defendants’ ANDAs, or inducing or contributing to such conduct, would constitute infringement of the Asserted Claims by Defendants pursuant to 35 U.S.C. § 271(a), (b), and/or (c); e. A finding that this is an exceptional case, and an award of attorney’s fees in this action pursuant to 35 U.S.C. § 285;
f. Costs and expenses in this action; and
g. Such further and other relief as this Court determines to be just and proper.
As a side note, here is what the defendant is asking. C and D look similar returning the heat onto Amarin:
19. Defendants seek the following relief:
a. A judgment declaring that Defendants would not and will not directly, indirectly, contributorily, and/or by inducement, infringe any claim of the Asserted Patents, either literally or under the doctrine of equivalents;
b. A judgment declaring that the claims in the Asserted Patents are invalid for failure to comply with one or more provisions of the Patent Act, 35 U.S.C. §§ 100 et seq.; c. A judgment awarding Defendants their reasonable costs and attorneys’ fees incurred in connection with this action pursuant to 35 U.S.C. § 285; and
d. Such further and other relief as this Court may deem just and proper.