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Re: None

Saturday, 06/27/2020 5:40:40 AM

Saturday, June 27, 2020 5:40:40 AM

Post# of 424150
Re: North4000/Tal10/Jesselivermore/Anfla why not just ask Marksman and see what they say...

Which third party or third person can "officially" clear this topic up?

I fully understand the argument both of you are trying to make. However, Amarin cannot stop a doctor from offering a cheaper alternative to their patient by prescribing off-label, as put forth in my example. Generics cannot be held liable for the actions of doctors unless it could be proven generics are inducing the infringement.


JL...wonderful news you have ...I can sleep a lot easier now...oh gosh the stock went from 26 to 4 because everything is okie dokie.


And as much as I respect North's input, I don't believe Vascepa has protection from generic competition throuh 12/22 as suggested. I would love to be proven wrong.


Did you look at the Amarin patents relating to CVD treatnebt or the Reduce-It indication? Did you find claim(s) that embrace or comprise or include the Vascepa composition or manufacture within the capsule, with or without the actual capsule also recited in the claim(s)?

Tell JL and me what you found via a message, with copy and paste versions of the claims that you found. If you found no claims comprising a composition of matter or article of manufacture, tell us so. We will stop there for the moment.

I am going to assume you found the kind of claims I asked you to look for. Now I want you to read 35 USC 271(a).

When H enters the market sometime after today, particularly after mid-December 2022 with its generic Vascepa, tell us what you think Amarin will do, hypothetically speaking. How do you think that H escapes any charge of direct infringement in acting to bring its generic Vascepa to market?


Yes but they won’t be indirectly infringing. The label doesn’t indicate off label prescription. Medicare in no way will indicate to pharmacists that they should prescribe generic Vascepa specifically - so again you can’t sue them. The actual pharmacists won’t know the indication so they won’t be aware they are possible infringing by swapping brand name for generic. So there’s no case here. If Amarin could just keep suing, the stock wouldn’t have dropped. They need to win the appeal


etc. etc. etc.
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