Amarin Corp Plc (AMRN)

[Ortakoy17]

I’ve read both submissions and my analysis remains unchanged. It is nice to see the evidence presented at trial married with the legal theories. I would cite back to my prior posts where I analogized our facts with those presented in Sanofi. Grunenthal (relied upon heavily by the defendants) is distinguishable on its facts, but is better than their Horizon analogy. I reviewed both the Grunenthal Circuit Court and district court decisions. I would recommend folks do the same and see if you can distinguish the labeling. I realize this is a granular post but I think the entire induced infringement argument turns on this point.

Also worth noting - this point involves a “battle of experts” - two things are evident there. First, AMRN experts appear superior w/r/t qualifications. Second, AMRN attorneys effectively crossed defendants’ experts on several of the salient points w/r/t infringement.

I’d expand but I think we’ll be better served after seeing the post-trial briefs on 2/28. Make no mistake, though, the defendants’ submission is a high quality product.