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Re: None

Thursday, 09/16/2021 6:08:57 PM

Thursday, September 16, 2021 6:08:57 PM

Post# of 426292
The absurdity of this question is not lost on me. From a practical perspective it would never happen, but what if........

If Amarin stopped selling Vascepa in the US, and the generics capture 100% of the market (above and below the 500 trig level) how could there not be an infringement? How does a generic company defend them self against that?

If 10% of the market equals x, and they are selling 10x, how can they claim a blind eye to the numbers? Treble damages would certainly exceed any money "earned" from selling into the patent protected market.

Given the company's stellar record in court and in front of the FDA, would an extreme risk be the best chance of establishing the company's rightful place in the market? The absurdity of what has taken place so far might require an equally absurd dynamic to let the blind see again.

I am not advocating this as a strategy, nor do I believe it to be the right move at the moment as the current legal cases work their way through the courts, but what if.....
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