Amarin Corp Plc (AMRN)

[marjac]

Raf, the 8th Amendment prohibits cruel and unusual punishment. Other Amendments such as the 14th Amendment's guarantee of substantive due process clause likewise are a factor. These are used against "state action", meaning the federal, state, and local governments.

In BMW v. Gore, 517 U.S. 559 (1996), the SCOTUS established guidelines for whether awards of punitive damages exceed constitutional limits. In terms of our situation, there are principles of equity governing remedies, but I suppose Judge Du and the defense would argue, that equity would not apply, because on their face, the Marine patents are prima facie obvious, which was the 'case & controversy' before the court. The wider effect was not before the court, as Judge Du ruled that Reduce-It was irrelevant.