Amarin Corp Plc (AMRN)

[HinduKush]

Eight
Appreciate the effort and work. The letter is well crafted and offers a magnanimous way out for Judge Du. But, let us assume for a minute, that Du bites by taking the high road and offering vacatur contingent on settlement. Have we all considered the possibility that generics do NOT want settlement? What was at stake here and remains as attractive bait to continue litigation for Generics, is the possibility to waive the paltry 50 million or so on offer, or the offer of early entry behind TEVA and APOTEX, and go for the bigger prize. That being the opportunity (albeit at the risk of legal fees and possible loss of current commercial opportunity), to set real legal precedent with traction in future for the real modus operandi of these vultures. They sue almoost de rigeur for obviousness to claim generic entry, then settle for vast sums and collect on the back end yet again by the actual delyed launch of the generic (look at Hikma's investor page, it flaunts these settlement income values in gory detail). The opportunity to use Amarin vs. Hikma/Reddy 2019 as precedential case law for ALL their future lucrative litigations has them salivating and licking their chops, and you know they have litigated more of these cases against bigger Pharma then you and I have had hot dinners...
HK

PS Pay for delay tactics in launching is not the danger to be guarded against here by Hatch-Waxman legislation, it has become more a "stand and deliver" case of pay me OR I steal your intellectual property through all the open back doors. If this succeeds, any brave remaining enterprising company will have to add the cost of feeding vulture generics to the development costs, and now who is raising the price of medications? Society worries about drug prices and screams loudly about free market competition, and yet we have the price fixing Apotex and other generics indulge in routinely. Now you have a REAL cost problem to society. I note that Apotex was caught in flagrante delicto with Glenmark Pharma recently for just this crime against society. Price Fixing...No big headlines or political kickback against that (everyone paid off no doubt...pure Simony)
https://www.politico.com/news/2020/06/30/glenmark-pharma-justice-conspiracy-345974#:~:text=The%20charging%20document%20alleges%20that,of%20the%20cholesterol%20drug%20pravastatin.&text=Apotex%20agreed%20to%20pay%20a,fix%20the%20price%20of%20prevastatin.