Amarin Corp Plc (AMRN)

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Don’t underestimate how much the GSK v. Teva ruling has changed the analysis. Everyone thought this could be overturned on en banc. That will not be the case anymore. The generics are limited based on this ruling and I imagine a BP’s legal department will come to the same conclusion.

Judge Newman knew what she was doing and was tired of generics using the skinny label parhway to trample on patent rights.

Hikma and company thought this decision would be overturned especially after all the amicii weighed in with their briefs. Even Henry Waxman weighed in. Guess what: en banc still denied. Judge Newman is in her 90s. She is the OG on that court and is very respected by the Supreme Court. Generics are backed into a corner and face the lost profits damages. The lawyers at Hikma cannot be pleased with the GSK ruling. Uncertainty here does not favor the generics due to the damages threat.

Again this decision came out Thursday. It’s only been 2 days. Its implications are still festering.