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Thursday, 09/03/2020 6:44:23 PM

Thursday, September 03, 2020 6:44:23 PM

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Who will invest in the next Amarin?

I think there is little risk that people in the U.S. (or elsewhere) will be deprived of the benefit of Vascepa.

I worry much more about "the next Vascepa" never being discovered.

I have followed developments at USPTO and CAFC for many years as a result of several investments. Instrumental in the demise of our patent system was the enactment of the 2011 America Invents Act, which was sold as badly needed patent reform. In reality, it paved the way for the destruction of many patents at USPTO (PTAB), mostly in the tech sector, so that the Apples and Microsofts of the world could practice their business model whereby willful infringement is more economical that paying a license fee. It worked for them and others to the tune of billions.

But at what cost? Read this. https://www.ipwatchdog.com/2017/01/03/reverse-patent-reform-2017/id=76221/
"While our government has been killing imaginary patent trolls, China has been strengthening their own patent system. China now leads the world in new patent filings. A huge percentage of venture capital has moved to China as a result. We are giving our economic engine to China." This was in 2017, and the numbers have only gotten worse.

There is a misperception among some judges that patents are inherently bad, that in the pharmaceutical area they mostly enable greedy drug companies to make even more profit at the expense of the public. This is reinforced by the incessant calls (some justified) for reduction of drug prices, the occasional abuse in pricing, and general lack of understanding of how much capital is required to fund research for numerous drug candidates to get just one drug candidate through clinical trials and across the finish line of FDA approval.

Concurrently, there is a growing (anti-capitalist) desire to provide redress for the masses who are being "victimized" by the biopharmaceutical industry. All of this translates to judges who think it good public policy to weaken patents whenever possible, or to narrow the legal protections that patents traditionally have afforded, or to not take the time to fully understand the science that underlies the planning and execution of research intended to advance the human condition.

This is a recipe for long term disaster. But since it is long term, it escapes attention and understanding in today's instantaneous world.

Who is going to invest in the next Amarin?
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