Sunday, April 05, 2020 3:30:33 AM
Re: invest2992
post# 262242
Generics have their own labels accompanying its ANDAs that are not approved by FDA as yet. Absent an appeal, invalid Marine patent claims become cancelled(some claims of each patent remain with unknown benefit to any of parties)(or could be disclaimed per 35 usc 253and would benefit generics no more via licensing or transfer of ownership via assignment. The remaining Amarin patents are alive, are presumed valid, and remain as further arrows in Amarin’s quiver to be launched against infringers of Reduce-It indication as appropriate. The ball is in generics’ court as well, so to speak.
I intend to look into an Offer of Judgment pursuant to FRCP 68. I have no experience with that rule, nor knowledge whether such a contract could be agreed to by all parties that would have the effect of erasing the existence of the lawsuit between the parties.
More later on that route.