Amarin Corp Plc (AMRN)

[Birdbrain Ideas]

I agree with your points. And that's true that the fitter-Canadian thing would only strengthen Amarin's arguments. But I'd be surprised if a judge let it in. As I've said before, I think the main purpose of the litigation from Amarin's standpoint is to scare off other insurance companies from helping the generics infringe and to make generics question whether it is worth it to expose themselves to potential damages from a lawsuit when it's ultimately in the hands of a jury.

Beyond proving liability, Amarin will also have its hands full proving how to value any infringement. Amarin can claim that generics cannot be entitled to more than 7 percent of Vascepa's sales, but I'm sure the generics will counter that Vascepa is prescribed for all kinds of reasons, including by eye doctors to reduce inflammation around the eyes in older people. I think JT once said that the majority of Vascepa prescriptions are written off label. And so they'll say that the 7 percent probably is more like 50 percent because many doctors don't specify that Vascepa is being prescribed for the Reduce It indication.

If anything was proven in the case before Judge Du, it's that the generics have excellent lawyers. I still think Amarin had the facts on its side, but its lawyers presented a confusing and hard-to-understand case and generics out-foxed them.