Amarin Corp Plc (AMRN)

[HDGabor]

c-

1) it will trigger gia, so? JT has been saying gia all along and you are not against gia either, right? You said it is a business decision between bo offering and gia

In case of no BO offer ... the question (BO or GIA) will not exist ... it will not be a business decision

2) you then said high possibility for a new case loss against another generic in another DC

I said: existing possibility

3) and additional comment on 2) any new case will take at least 30 month, right? This leads me to say patent litigation risk is always there,

A new case could be 30 months or longer ... or shorter, the 30 mths is for the FDA stay ... unless the Order is out earlier. The risk is always there but significantly lower (more likely virtually nothing) in case of a reversal by CAFC than in case of settlement and more likely all new ANDAs will accept an Apotex type settlement (before Amarin Complaint).

I begin to wonder how did they manage to settle with apotex? No delay at all if any generic enter?

It was the best interest for both parties.
- no litigation cost
- if Amarin will win, Apotex could enter together with TEVA (6 mths before others) ... and Amarin does not have to win this case also
- if Amarin will lose (let's say CAFC Order by Jan 15, 2021) ... H has to market by March 31 (75 days) + 180 days exclusivity ... Apotex could enter by Sept 30 (assuming FDA approval ... which could be the case since the 30-months stay is not applicable for Apotex's ANDA).

Best,
G