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Re: moonotaur post# 302733

Friday, 10/02/2020 9:58:29 PM

Friday, October 02, 2020 9:58:29 PM

Post# of 426487
I would encourage everyone to read the Glaxo v. Teva ruling this weekend. If March 30th was dooms day for Amarin shareholders, we should be celebrating today. The majority opinion completely gutted skinny labels. This was huge for Amarin today and I think its significance was lost on the market.

I don't see how the generics can launch now based on this ruling. Well they could launch but they would be buying themselves a very expensive damage suit down the road, which would benefit Amarin quite nicely. The ruling even makes it known that even though there were other generic infringers who were also selling their product, the generic sued could be the one responsible for lost profits. So much for claiming hey others were infringing too.

We needed a win and I think we got it today. The sword of Damocles will be now hanging over the generics who try to enter and infringe on REDUCE-IT.

Also read the dissent opinion. The dissent clearly shows what the Majority opinion now means for skinny labels.

From the dissent opinion:
According to the Majority, the “content” of Teva’s skinny label alone is sufficient to prove induced infringement—even though Teva’s skinny label did not encourage, promote, recommend, or even suggest the patented method.

In other words you don't need anything more than the content of the label to show infringement.

Checkmate.
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