Amarin Corp Plc (AMRN)

[HDGabor]

i-

do you agree with Judge Prost's dissent?

Definitely not. Carve-out / skinny label (nor the Hatchman Wax Act) does not allow the promotion of the carved-out, patented indication ... nor the labelling of the patented indication.

Or do you think Teva v. GSK case is different from Warner-Lambert v. Apotex?

Yes.

If so, what is different?

a.) TG was after generic launch, meanwhile WA before (moreover before ANDA approval)
b.) TG was about specific, real, existing action (promotion), meanwhile WA was about a theoretical, possible action in the future (if any).

As I see:
- WA is totaly irrelevant for Amarin
- TG could (as best case) give a small pause for generic (launch ... but not likely, I do not expect a real delay) ... the Opinion is a clear, good guideline for generics about What do NOT do to avoid inducement ...

Best,
G