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Re: HDGabor post# 288719

Thursday, 07/30/2020 10:51:25 AM

Thursday, July 30, 2020 10:51:25 AM

Post# of 429111
I hear both HDG and Eight. Lets agree that no one in the BoD or JT felt that there was much chance of losing the case pre-district court or they would have never chanced the entire company's future on a disastrous outcome. Point is everyone knew and/or should have been legally advised that there was a very real threat of backdoor infringement by off label physician prescribing (induced or not) by the very presence of the generic Vascepa. In that context, we can all recite the litany of errors committed: Errors were made by whomever in selecting the arena for the contest (Nevada is a gamblers paradise but not for rolling the dice on patent litigation); errors were also made in execution of the Amarin patent position. I also held my Amrn position through the initial trial litigation, liking the trial handicap in favor of Amrn..ergo mea maxima culpa. While it is true no one could have predicted how much off kilter Du would have strayed from conventional judicial thought, it is certainly the case IMHO that Covington et al botched the presentation and rebuttal of the MORI KURABAYASHI HAYASHI and ApoB unique issues, as well as the patent examiner position. While much remains undone, much remains before us with or without the MARINE patent. What is uncontestable, is that this drug is a therapeutic and life changing singularity. In my lifetime as a cardiologist, I can think of a handful of destiny changing drugs...this IS one of them...and since the greatest fool may ask more than the wisest man can answer, let us forego asking anymore why JT did or did not do, why Du acted the way she did or even why Covington failed when it most mattered. All our analysis and tears will no wash out a word of that history. Lets arm Singer to do what he must, then cry havoc and let slip the dogs of war!
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