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Has anyone read the appeal filed?

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JDUR   Sunday, 04/05/20 01:39:07 AM
Re: None
Post # of 361960 
Has anyone read the appeal filed?
"Plaintiffs in the above-named action, hereby appeal to the United States Court of Appeals for the Federal Circuit from the Judgment entered in this action on March 30, 2020 (ECF 382), and from all orders, opinions, decisions and rulings prior to the entry of Judgment, including but not limited to: (1) all findings of fact and conclusions of law set forth in the Court’s Bench Order dated March 30, 2020 (ECF 381); (2) the Summary Judgment Order dated October 28, 2019 (ECF 278); and (3) the Claim Construction Order dated August 10, 2018 (ECF 135)."

This would most likely attack the ruling in favor of the defendants summary judgement based on the drug being prescribed "5%" of the time changing with the FDA's approval of additional uses AFTER the motion was granted.
Plaintiffs’ infringement expert conceded that he treated patients with
"Vascepa for less than 12 weeks about 5% of the time, which is consistent with Vascepa’s labelling. (ECF Nos. 252 at 35, 241 at 74-75 (sealed).) Thus, there is no real dispute that Vascepa—and therefore also Defendants’ ANDA drugs—are, and can be for legitimate reasons, prescribed for fewer than 12 weeks."
Therefore, the courts interpretation of this was erroneous and was presented with the additional uses, thus reasonably could assume that this number would decrease (with the court also noting another case with a 5% ruling as substantial). Everyone has been bashing the atty's here but they knew this was the easy back door into an appeal. If they fail retrial then they will have gained another year + without generics.


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