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Re: iryokabu post# 305829

Sunday, 10/18/2020 9:28:38 AM

Sunday, October 18, 2020 9:28:38 AM

Post# of 427508
i-

the prescription of Marine indication is substantial does not stand on its own

"Substantial" is not the question of volume. Any reasonable use is a substantial use, even if not commercially viable.

Non-infringing uses are substantial when they are not unusual, far-fetched, illusory, impractical, occasional, aberrant, or experimental.

The R-IT could be (is) the most logical or useful purpose for V / gV does not render the MARINE use unusual, far-fetched, illusory, impractical, occasional, aberrant, or experimental.

In case of MARINE indication, meanwhile the > 12 weeks treatment is the useful purpose the <12 weeks treatment was determined as substantial ... despite V is prescribed at least 19 times more often for > 12 weeks than for <12 weeks.

- - - - -
re. 305575

Based on this, anybody should think Hikma's generics is anything but B at that moment. It may become B in the future

I did not say that "the generic equivalent to Vascepa" suggest "B" code ... all I said: it is not the promotion of "AB" code, because the code could be "B" also.
A mere "AB" code (given by the FDA) is not a specific action by the generic ... generic has to definitely / explicitly promote the "AB" code for inducement.

Best,
G

Disclosure: I wrote this post myself, and it expresses my own opinions (IMHO). I am not receiving compensation for it.

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