Amarin Corp Plc (AMRN)

[Bouf]

RAF—

We don’t know enough about the details of the case to be able to judge with certainty the prospects for an outcome we don’t like. What we do know is that these generics survived summary judgment and are spending a boatload of money (probably 100K per trial day) and have already spent millions more to push a position that gets them nothing if they don’t settle or win. Maybe they are just pure litigation mercenaries that bring these cases only for settlement money and a small chip off the end of patent protection, but just the sheer cost and effort (including employee and management time) of going after these patents makes me think they have some other motivation, well founded or not.

You also probably need to see a few surprising trial outcomes firsthand before you can appreciate a trial lawyer’s paranoia.

Amarin may be doing exactly as you suggest by going to the mat for a court ruling and it’s precedential value. Is so they are making a well calculated risk-reward decision that is influenced by lots of nuances about the case to date we cannot know. I can’t disagree with the decision, and am especially encouraged by their top of the line trial counsel.