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Re: north40000 post# 357305

Tuesday, 10/19/2021 6:14:16 PM

Tuesday, October 19, 2021 6:14:16 PM

Post# of 425933
Agree. If this case is not dismissed, I'm not certain Hikma would want to continue because of the potential for damages and we haven't even discussed discovery. Who knows what would turn up in discovery (emails, etc.). Even if Dr. Reddy's is not party to this suit they would likely come to the same conclusion. For the insurance companies I could see them not wanting to be bothered with the games of covering the generic for this one drug Vascepa because this is opening up too many cans of worms.

btw: I encourage everyone to reread pages 81 - 83 where Kane drives home the point how HealthNet is actively participating /inducing infringement by requiring doctors to get a prior authorization and then still paying for the generic. He closed out with a banger. The generic is not covered for that indication (CV risk)....HealthNet got caught here by preferring the generic over Vascepa.

From Kane:
That's why they're inducing infringement. They're confirming that it's being used for CV risk reduction. They're making the doctor prove it's being used for CV risk reduction, and then they're using -- they're paying at a preferred rate to encourage the generic use for that infringing use. That's inducement.

So if the case survives....Hikma may just pick up its ball and go home (exit this market) because there is too much to lose.
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