Amarin Corp Plc (AMRN)

[Bouf]

LaSierra is a bankruptcy decision where a party who had bought real estate was deemed in privity with their seller, who was affected by a court ruling challenged under R60. The parties in privity both had direct interests in the subject real estate. Did not involve privity between shareholders of a corporation and the corp.

Eyak is an environmental case where citizens were deemed to be in privity with their state when the state is a party to the litigation. Again, no shareholder/corporation privity question.

I agree there is a privity theory for standing under R60, but so far have not seen a case holding that shareholders are in privity with the corporation in relation to the corporate patents. Shareholders generally cannot sue to enforce the corporations rights, and can do so derivatively only under strict procedural rules, and only as to certain claims.

B