Teva indicated they will ask for an en banc hearing, but en banc hearings are rarely granted. Even if they get it, it does not mean Teva will prevail. All this means more time / delay for generics. And if en banc is denied, it’s game over for generics. Clock is ticking. 2020 is pretty much over.
The dissent said Teva would have been better off staying out the market completely. Lost profits for Amarin would be in the billions.
No generic CEO is risking that because that could be the end of his / her company. Too much risk. Big pharma knows this.
This was a monumental ruling from Judge Newman. Game changer.
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