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Tuesday, February 23, 2021 12:27:25 PM
Hikma needed this case to go to en banc or to go away....meaning a reversal and win for Teva.
Everyone and their momma weighed in with an amicus brief. Despite all the amici there was no en banc hearing and Moore & Newman based on today's hearing do not seem to be persuaded. Meaning they will rewrite their opininon but still favor GSK.
Amarin can use this case as a precedent to survive summary judgment...meaning Amarin's case will likely be going to trial. That is just bad news for Hikma because the damages could be significant. Remember it's the potential of damages that can totally wipe you out.Hikma now selling in the market may be literally selling for Amarin plus damages.
Hikma did not take out the CVT indication limitation in its label and we have facts that Healthnet is still infringing via formulary. All bad facts.......damages.
GSK's lawyer is great.....they call her the judge whisperer. It was evident today why she gets that moniker.
Any acquiring BP has to come away from today after listening to the hearing and feeling good about Amarin's preservation of the USA market. I can tell you TEva is going to want nothing to do with infrining on USA market for Vascepa / CV. And if you think other generics will now want to test the ice to see if it's frozen before crossing the river......ok. lol
JMO
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