Saturday, July 04, 2020 2:02:01 PM
It is absolute rank speculation to suggest that H and R had no intention to settle, or that H and R were simply beyond any level of commercial reasonableness. At least we agree that we are not at this time privy to the information concerning the specifics of each side's settlement position.
What we do no know for a fact, is that prior to trial each side was ordered to provide the Magistrate Judge with written Settlement Statements setting forth each side's settlement position, and the basis for each side's settlement position, in preparation for a court ordered settlement conference. We are dealing with big companies and big law firms.
Each side takes a frivolous, arrogant, utterly unreasonable position in those submissions at their own peril, as without the benefit of hindsight as to what Judge Du was ultimately going to do, it would be reckless on the part of the attorneys to foster a scenario where the Magistrate Judge goes back to the District Judge and tells her that they were frivolous, arrogant, and utterly unreasonable during a court ordered settlement conference.
Just because Amarin settled with T and A, it does not follow that with H and R was beyond reach. They may have wanted more, how much more we do not know, but especially considering that Amarin's management, Board of Directors, and attorneys knew or should have known that Amarin's intellectual property was vulnerable to attack, and likewise knew or should have known that devastation to the company and shareholders would ensue if those vulnerabilities were exposed, it is difficult to discern anything that would be commercially worse than what happened on 3/30.
Thus, subject to the eventual disclosure of the details, the positions espoused by BB and Bouf are very likely far more closer to reality than the positions espoused by you and TTE. Hubris on the part of management and the attorneys, for which a day of reckoning will come.
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