Amarin Corp Plc (AMRN)

[HDGabor]

i-

what is non-substantial non-infringing use? Do you think it exists?

(i) all off-label use ... which could be substantial but that does not matter because on-label use is relevant also for contributory infringement determination.

indicatian A: not labeled, not patented ... does not matter
indicatian B: labeled, not patented ... it should be substantial to avoid contributory infringement of indicatian C
indicatian C: not labeled (for generic), but patented ... could be a subject of inducement claim.

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

MARINE indication fits to this. Meanwhile the MARINE volume is less than 10% of the total, this 10% is not any of the above.

Best,
G