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Re: Dancing in the dark post# 297046

Monday, 09/07/2020 12:00:58 AM

Monday, September 07, 2020 12:00:58 AM

Post# of 425940

instead of focusing litigation on whether or not the generic manufacturers are actively PROMOTING their “skinny labeled” generic for patent-protected reduce-it IP uses,

the argument could be made that by PRODUCING generic icosapent ethyl in a quantity in excess of that required to fulfill Rxs to treat the MARINE indication, the generic manufacturers are inducing infringement on the reduce-it IP.



just for example purposes:

MARINE indication: 1,000 treatable people
REDUCE-IT indication: 30,000 treatable people

the argument could be made that should sufficient generic icosapent ethyl be produced by generic manufacturers to treat 2,000 people, the quantity produced by the generic manufacturers to treat the additional (2000-1000=1000) 1,000 people was produced to treat patients other than the MARINE indication.

It's the ratio, baby ... the EPA/AA ratio!

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