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Saturday, July 04, 2020 4:28:46 PM
I rather suspect what you set out as to the settlement conference procedure can not be the case - the court can not force parties to settle patent litigation-the court - Du was required to judge on the evidence - (we are rather upset with the outcome!) but not on a perception - to which- As I understand it - she would not be in any way privy - as to what the posture of parties might be in a settlement conference
H and R could for example have proposed that the settlement be that they would be permitted to enter the market from the very day of the settlement itself - tell me Marjac that you know they did not demand this ...
Should Amarin have agreed to this ? - what I suggest - is simply speculation
Their position could have been simply complete commercial suicide for Amarin
The generics could take whatever position they might like
Remember the generics fought a hard battle in the trial- they did not roll over - they were quite prepared to battle through -long shot it may to some have appeared to be -but to them a battle worth winning and at little financial cost
So they could if they do chose have taken such a hard ass position that Amarin had absolutely no choice but to trial the case
You simply do not know what the parties positions were
Neither do I ...
There is good reason for the expression - it is idle to speculate
Alm
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