Amarin Corp Plc (AMRN)

[sts66]

Yes - and she said this about Hikma claiming no profits meant V wasn't a commercial success:

Defendants’ contention that Vascepa is not a commercial success is largely based
on the theory that Vascepa did not make a profit in its first six years on the market. But
Defendants ignore the reality that drugs have long lifecycles, the beginning of which
involves spending vast amounts of money on R&D. (Id. at 1441:15-1442:7; see also Ex.
612 at 2.) Here, Plaintiffs spent $465 million in research and development between 2008
and 2018. (ECF No. 369 at 1426:17-24.) Moreover, marketing spending tends to be higher at the beginning of a pharmaceutical product’s lifecycle, given the need to educate physicians about the clinical profile of the new drug in question. (Id. at 1306:11-1307:2, 1471:7-1472:1.) At the same time, it can take as long as 12 years for new drugs in the top ten percent of sales to achieve peak sales. (Id. at 1468:11-1469:4; see also Ex. 607 at 20.) Indeed, a study has shown that it took drugs 16 years on average to reach NPV of zero. (ECF No. 369 at 1469:20-1470:7; see also Ex. 612 at 6.) Therefore, the pharmaceutical industry considers the entire lifecycle of a drug in analyzing commercial success rather than just the first six years after the drug’s launch. (ECF No. 369 at 1445:23-1446:19, 1468:11-1469:4, 1512:17-24; see also Ex. 600 at 2.) Defendants’ alternative approach, which relies on taking a snapshot of Vascepa’s performance after Plaintiffs have incurred the vast majority of the R&D spending, but before they have enjoyed the fruits of that spending, is less persuasive in light of the testimony at Trial regarding industry practice

.