Some early ideas; forget the reference to FRCP 68; Marjac and I had a very early morning conversation:
Do you have any experience with FRCP 68? In general? Specifically, as a means of settling Patent infringement litigation disputes? There is some case law on topic in Fed. Cir., but I will look for more or others in Fed.Cir.
I have some ideas how one or more offers for judgment[a contract agreed to by all parties as a settlement agreement] might be drafted, signed by all parties agreeing to the settlement agreement, entered by the clerk w/o input or signature by the judge as settlement of the case. I explained my initial thoughts on the matter earlier today. It could be worked on by parties from date of filing notice of appeal[stays closing of Dur's case as final judgment] up to the day of oral argument.
My hope is to maintain all Marine patents in suit as valid while enabling Amarin to continue to build Brand identity. Generics cannot enter market anyway inasmuch as ANDAs have not been approved by FDA. They would enter at risk when/if ANDAs are approved because likely the appeal to Fed. Cir. would still be pending.
Look for my earlier posts.
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Marjac's reply; more yet to come:
Excellent outside-the-box idea, but the text of the rule says it must be made 14 days before trial. I am not aware of any applicability at the appellate level.
However, a settlement offer along those lines seems viable. I will take a look at your earlier posts to learn more.
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