BREAKING:
In a new doc filed by Amarin:
Question: Relief sought on appeal
Amarin: March 30, 2020 Type of Case patent reversal of district court's judgment of obviousness
Question: Relief awarded below (if damages, specify)
Amarin: District court found all patents-in-suit infringed but granted judgment that all claims were invalid as obvious and denied request for permanent injunction and injunction under section 271(e)(4).
Question: Briefly describe the judgment/order appealed from
Amarin: In Hatch-Waxman case for drug Vascepa, district court, after bench trial, found all claims infringed but invalid as obvious. Because it found the claims obvious, the court did not grant an injunction against FDA approval and launch of Defendants' generic product.
Question: Brief statement of the issues to be raised on appeal
Amarin: Whether district court committed legal and factual errors in finding the claims obvious contrary to binding precedent.
Question: Have there been discussions with other parties relating to settlement of this case? If yes, when?
Amarin: Yes. During the pendency of the case below.
Question: If "yes," were the settlement discussions mediated?
Amarin: No.
Question: Do you believe that this case may be amenable to mediation?
Amarin: No.
Question: Please explain why you believe the case is or is not amenable to mediation.
Answer: This is a Hatch-Waxman case that does not involve damages, but only whether or not the generic drug is allowed to launch.
