I wrote yesterday about the prospects about the Appeal being heard in expedited fashion. For the first time, I actually reviewed Amarin's UNOPPOSED Motion to Expedite. Some of this might be redundant, but here are a few takeaways:
1) Singer's moving papers say that because Vascepa is Amarin's only product, expedited consideration of the appeal is desirable as it may allow the parties and the Court to avoid potential motion practice for injunctive relief against a generic launch.
This is very clever, because instead of this application being about the parties' interests, it is about the court's interests.
2) The parties pre-emptively agreed to the expedited briefing schedule, thus taking the decision out of the Court's hands.
Also very clever. Normally the application would be made, and then the Court would set an expedited briefing schedule if granted.
3) The parties jointly requested the first available oral argument date after briefing is concluded on June 26, 2020.
Thus we could have oral argument as early as July. Overall I think, for the third time, lol, the presentation was very clever. It tees up the Court to grant the expedited disposition, rather than just requesting it as an advocate on a behalf of a party.
Further, with all the "consent" among the parties, it is good to see that they are talking with each other. Whether the talking also may mean settlement talks as well, is always possible, if not probable.
