It is premature to judge the success of the rule 60 or the appeals process and the respective merits of the path chosen. It could have been the wrong path but it wasn't obviously the wrong path. While I have not studied the cases to nearly the extent others have my perception was that the legal team thought other issues were more critical. Hindsight bias is as equally challenging to discount in judging legal strategy as it is in judging obviousness. As i recall, folks were widely praising the original legal teams' credentials and similarly praising the appeal teams credentials.
I do think that we all underestimated the challenge in differentiating V from other fish oils and underestimated the push back/resistance from insurance and customers to taking another rather high priced pill (and big and 4 of them) for the rest of their lives for a condition that is not an immediate life or death situation. V does not offer a visible/perceivable change in quality of life for many people and humans are slow to embrace a product that might cost them tens or hundreds per month for a 25% chance of benefits in 5 or more years - just like many don't lose weight or quit smoking when it is obviously in their best interest. Also, the media is peppered with drugs claiming to offer heart health benefits such as Jardiance that confuse the public.
I do think Amarin should be all over the insurance industry and have a database on coverage levels, membership levels, requirements, etc for all the insurance plans and be very aggressive in educating them on the patent issue and the health and economic benefits. Similarly, the big pharmacy chains should have no excuse for not knowing the patent situation and they should be so warned.
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