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Re: marjac post# 286196

Tuesday, 07/14/2020 8:21:29 PM

Tuesday, July 14, 2020 8:21:29 PM

Post# of 425923
m-

we will just have to see how this plays out

e.g. (???)

1.) The parties to the new action file a stipulation and proposed order which (a) acknowledged that the infringement and validity issues presented by the new 500 mg dosage strength litigation were substantially identical to those in the closed 1 gramm consolidated actions (b) ask the court to enter a corresponding consent judgment in this 500 mg action.

2.) The district court enters the consent judgment

3.) Amarin file a Notice of Appeal from the consent judgment

4.) The case will be consolidated with CAFC 20-1723 (like CAFC 20-1901 was)

I have just never of a non-litigated District Court filing being consolidated with a fully litigated pending Circuit Court appeal.

Meanwhile Case 3:20-cv-00421 and 2:18-cv-01596 are not the same (the later was filed during the ongoing 2:16-cv-02525), the 2:18-cv-01596 was not litigated and its appeal (CAFC 20-1901) was consolidated with CAFC 20-1723.

Best,
G


Disclosure: I wrote this post myself, and it expresses my own opinions (IMHO). I am not receiving compensation for it.

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