Ok. And I saw part of your rebuttal yesterday that 200 other generics waiting for payout is wildly overstated... And my layman self is confident that any of your discovery and as appropriate litigation would elaborate on that and other extant unknowns. So...
Amarin has a little over $600 million in cash, people are already fed up with dilution, and some of that cash horde goes toward operations. The remainder being available to X generics. H&R have already made that calculus that litigation allowing everyone else into the market is apparently, as those in the business would say, "worth it".
As a separate matter, there is some sense (exactly what is pending discovery) by CEO management of possible BO given unconfirmed IP. And the BO picture changes once IP is confirmed. And the prospects of developing additional indications also pending IP question.
And the uncertainty of the settlement/BO interaction--the prospect of Amarin offering bigger buyouts with time, does that strengthen or really weaken BO offers (I'd think it would weaken, but no one has seen fit to offer me a CEO role...)
Given the above uncertainty, it's not that big a stretch that settlement opportunity was thinly possible if at all. Me as a layman making that observation I'm sure you've already anticipated that or there's something else I'm overlooking which obviates those concerns. Since everyone is talking about the issue before your discovery, it's certainly less disingenous than the double standard proposed by other posters, wherein Judge Du's awful decision is effectively immaterial but management made a hugely consequential mistake (wtf?). Quite the opposite, I feel any action against management will be on the surest footing once any judicial misconduct has been settled one way or the other. I appreciate your strategery on that front, because half-hearting that would only leave future litigation targets possible outs. Which is why I'm glad you're all over that, but I digress.
Due to the above gaps I support discovery. Your proposed discovery will help define the questions raised above and solidify the scope and direction of any further litigation and dispel the uncertainty. Other's evolving take on 3/30's Duumsday, which seems to evolve with blame target as much as time, raises rather than dispels the uncertainty.
