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Tuesday, January 07, 2020 4:26:01 PM
I have read Amarin’s Trial Brief filed yesterday and it is an outstanding piece of work. It does a terrific job of making the arguments on both levels of thinking that the judge will undertake at the trial: the first being the technical legal level, the second being the more human level of right v. wrong. All trials (jury or bench trial to the judge as here) are on one level about the decider figuring out who are the good guys v. the bad guys. Amarin’s bold investment in a novel use of 4 g of EPA to reduce trigs w/o increasing LDL was brilliant, and the judge will see this clearly from the evidence. The generics are clearly just trying to steal the benefit of this brilliant idea from its owner, and using every technical argument they can make to do it. BUT THEY HAVE NOTHING THAT GIVES THEM ANY FOOTING IN THE ALL IMPORTANT MORAL SPHERE OF RIGHT V. WRONG. Judges are human beings that are moved to do the right thing when the law permits them to do so. There’s a clear legal pathway drawn in Amarin’s trial brief for the judge to follow. Bravo for their fine work. I have no doubt Amarin and their fine counsel will prevail, if the case does not settle.
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