Sunday, June 28, 2020 6:16:01 PM
Settlement: 0.00% (-100%)
Any settlement makes sense (if any) with vacatur only. But vacatur based on what? Singer's briefs? If it is good for vacatur it should be good for win ... But let's accept the vacatur (with settlement). It will trigger a GIA (maybe everywhere) because nobody will pay a reasonable amount for the US with existing possibility that somebody will win a new case (about MARINE) and the "pending" R-IT case ...
The settlement is not about money but about timing (market entry). Meanwhile I do not have the details of the TEVA and Apotex settlements, I am 99.9% sure Amarin could not settle an earlier entry for Hikma (or Reddy) than for T & A. (I mean If Hikma want anything before August 2029, T&A will get it also.)
Furthermore: any (most of the) business decision should be the best interest and is not the most safety. As I know not all of the court cases ended by settlement. Make it short: we bought Amarin shares and not government bonds ...
Remand: 0.01%
I see too many errors in the DC Order ... furthermore a remand will trigger - with 100% possibility, independently from the new DC Order - a new appeal.
Affirmed: <25%
It is a possibility. Prima facie vs totality is the weakest argument (and could be depends on the Judges). Weighting SCs and Kurabayashi (Apo-B) consideration by the USPTO is strong ... but a little bit depends on below / over 500 argument.
Reversed: >75%
Based on the 4 documents (DC Order, Opening and Reply Brief by Amarin, Generics Brief) I see it as the most likely outcome ... but I did not expect the DC Order ...
Best,
G
Disclosure: I wrote this post myself, and it expresses my own opinions (IMHO). I am not receiving compensation for it.
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