Amarin Corp Plc (AMRN)

[lowlevelowl88]

I know Joe Kennedy is a bulldog and seems pretty fearless, so it doesn't surprise me they've taken this route, even with it being open somewhat to "interpretation." That said, I also wonder if during negotiation talks, interested parties have expressed doubt w/r/t IP protection, and either directly or indirectly, encouraged a trial (win) to further de-risk their purchase.

Question for the patent pros: beyond the methods of use patents which are in play here, isn't their composition patent essentially bulletproof? Especially since the generic has to be identical? So why didn't Amarin assert that in their original complaint?

Last question, we know another element in the secret sauce is the method for manufacturing which prevents oxidation. Is this process specifically patented, or is it like a WD40 situation where they never patented to avoid divulging too much info? If it was, couldn't that also be asserted from a better position of strength than MoU?

TIA.

R - thanks.

Settlement = temporary bandaid
Win = permanent fix

Obviously, Win > Settlement

But the risk is losing.

IMO the only reason this is at trial because the ultra conservative JT is fairly certain that he will win, otherwise he wouldn't risk the entire company.

Yes, the counter argument is why would generics accept settlement if this was a winnable case for them? But Amarin's loss would mean a far far far greater loss for Amarin than a gain for generics. At least a 20:1 difference, probably greater.

My point is that if Amarin would stand a serious chance of losing, JT would find the right amount to settle, because of the above.