Amarin Corp Plc (AMRN)

[alm2]

Number Steven / Kiwi
Why did Amarin not bring Rule 60 ?
Examine -possible explanations

1-They have been advised it has absolutely no possibility of success -
comment -
whilst the basis of the Rule 60 application has taken time to develop and was perhaps therefore not immediately apparent in the aftermath of the Du decision one only needs to read the documentation now produced by Marjac and the team to reach the conclusion that the application was worth making - on any view it has some chance of success
So it is hard to believe Amarin and it’s lawyers were jointly of the view it had zero merit

2-They consider a Rule 60 directly conflicts with their other legal initiatives
Comment -
Infringement action -hard to see any basis upon which there can be any conflict so that Rule 60 diminishes in any way this initiative
Perhaps they consider success here is guaranteed and only Ten per cent of the USA market will be at risk and that such is uneconomic for sustainable GV - big balls to reach this conclusion and to abandon other initiatives??

3-Appeal against Du decision
Comment - the SC application it has been suggested has now no more than 1 percent chance of success ...so low that it would hardly persuade to abandon other initiatives- it may have been felt that at FC stage a higher hope existed and that was the horse they wished to back - again however difficult to see conflict between appeal lines of argument and Rule 60
With a current 1 percent chance of Supreme court success you only have to give Rule 60 1 percent chance to consider it equally worthy so why not bring such an action?

4-They considered bringing Rule 60 exposes Amarin and it’s lawyers to critical examination as to their conduct of the Du trial -which may lead to legal class action being brought against them
Do I need to comment ???

5-They are simply totally incompetent and never thought of doing it nor did their lawyers
Comment
Each of us will have our own view of their competency

Any other reasons ??? None immediately come to mind
Alm