Amarin Corp Plc (AMRN)

[alm2]

Ralphy
Certainly agree your point by reference to Marjac !
An interesting aspect to this hearing was the build up from Hickma’s counsel that the whole generic industry was watching this case and relying on the Judge to reach (their ) the view that this motion to dismiss must succeed because if not every generic was at risk in every case of having to pay huge and economically crippling damages
The Judge did not bite on this generic blackmail one bit
The problem with this kind of hearing is that if counsel goes into it with a prepared speech they are quickly rendered dead in the water - ok you have got to have a route you want to take the Judge through but you have also got to be prepared to be constantly interrupted and questioned at a tangent and give an informed response before resuming the journey
Amarins counsel was not the best at dealing with this type of hearing
Having said that given the legal hurdles the generics have to jump over to succeed in a motion to dismiss ( as Marjac so succinctly set out in an earlier post ), Magistrate Halls recommendation to the Judge to dismiss as set out by her in detail and given the weight of argument for Amarin (thought not delivered with the silver tongue one would like) in my view Amarin will get this through to trial
The generic presentation was largely huff and puff with no substance

Of course Hikma knows that in a jury trial anything can happen (as they pointed out- and it reflects their real fears ) and they will have to make an economic assessment of risk if this goes to trial -

Amarins counsel notably did point out that Hikma had deliberately avoided changing their “label” (my word) over the past 11 months because they most definitely wanted the cvd market - when they could have changed their literature to make plain they only covered SH
Now what will a jury make of that when assessing damages when they find infringement ??

Hikma and Healthnet are going to need big balls to run this at jury trial
Alm