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Saturday, March 20, 2021 6:59:30 PM
Du has a problem - she is going to find it impossible to refuse the Rule 24 application in the light of the Rule 60 application
But if she does the appeal against her Rule 24 decision would be to the FC - question is should this be pursued ?
Answer - yes - but as to timing and cost - I am trying to think this ahead ... you will no doubt have done so
If she grants Rule 60 hearing equally may generics seek to forstall it by appealing to FC against her allowing same prior to the Rule 60 hearing ?or would they await outcome of Rule 60 before appealing both if necessary ?
Or would they just roll over and say - we ain’t messing with Marjac no more - he’s the man !!
Du really does have a problem here ...in my view she will recognise that as she must now take away Mori and K the generics could not show obviousness
So let’s assume success on Rule 60 - so patents are restored and Amarins costs recovered (and yours / the groups )
The issue for generics and really this is for Hikma - H have to immediately withdraw from gv market -until they succeed in an appeal ....(if that were possible and it would take several months for an appeal to be heard) And at the same time still defending the existing infringement case to avoid triple damages ....
or abandon any idea of appeal and settle those infringement proceedings to avoid triple damages
But also Dr Reddys what will they do ... independently ... appeal. ... or just abandon all
The Rule 60 is the Golden nugget
Very interesting times
Alm
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