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Re: ralphey post# 342022

Thursday, 06/03/2021 2:01:36 PM

Thursday, June 03, 2021 2:01:36 PM

Post# of 425959
ralphy and sts, If AMRN has the Du case reversed, Hikma is not liable for patent infringement. The key phrase you used was "if the patents are restored." As far as how this proceeds, I will break it down.
1) AMRN has a patent
2) Hikma challenges that in court. The patents remain in force.
3) Hikma wins per Du ruling. Patents remain in force while AMRN appeals to the FC. If Hikma launches, it's at risk.
4) Hikma wins appeal per Federal Circuit. Patents are vacated. FDA approves Hikma generic. Hikma launches. No infringement as there are no valid patents. Hikma can sell with no risk.
This is where we are. Going forward:
5) AMRN gets the SC to reverse Du. Patents are back in force. Hikma will not be liable for any sales when there were effectively no patents and they had FDA authorization. FDA withdraws approval for gV. If Hikma conducts sales once patents are restored, they can be liable for infringement. Hikma is not liable for any sales while the patents were nullified and AMRN will not get any damages for Hikma's current sales.

I am sure if I am wrong, Marjac, North or another attorney will set me straight.
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