My initial instinct is no viable lawsuit because I don't think the law compels Amarin to sell its product in this marketplace, especially since this marketplace via the court decision and other regulations, has been obstructive to the optimized sale of the product.
This is definitely one where I would seek out and love to know the opinions of other lawyers. If we recall, the huge legal question when the Obamacare individual mandate was being litigated, was whether the government can constitutionally force someone to buy a product. Here the parallel legal question is whether the law can compel a company to sell its product. This is certainly an interesting legal question worthy of further pondering.
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