Amarin Corp Plc (AMRN)

[niall75]

The judges weren’t buying the idea that this case has wide negative implications for the whole generics system. They were at pains to say that the evidence of infringement here wasn’t confined just to the label, there was a lot more that was presented to the jury and that the jury accepted on the whole, and it wasn’t for them to substitute their own findings of facts in place of the jury’s. I listened to the arguments and didn’t think Teva’s lawyer got kicked around as much as others have said (here and elsewhere), but they certainly didn’t accept his premise which was that no reasonable jury could have reached the verdict this jury did. The judges found ample evidence on which the jury could have come to that conclusion, which is what they said if you listen back to the original oral arguments. The main take away from this case is the primacy of a jury’s finding of facts - that will be Amarin’s burden when it comes to their case. Teva’s big mistake with the GSK case was wording in a press release which the jury accepted was relied upon by doctors when prescribing, the question is whether Amarin will be able to prove that Hikma has acted in an analogous fashion.