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Wednesday, October 20, 2021 9:32:26 AM
Just my thoughts - there will no doubt be different views
1- the case against Hikma and healthnet needs to continue-as a first point therefore Delaware Judge Andrews has to reject H and H motion to dismiss - I am pretty certain he will but it might be 3 months plus before we know
2 H and H thus facing a jury trial may well be motivated to settle -Hickma agreeing to sell only SH not CVD and Healthnet not to switch to generic for cvd prescriptions
3 but before settlement Amarin issues against Dr Reddy for infringement (after motion to dismiss fails ) - in a sense Dr Reddy might think Amarin case for infringement weak - but good enough to get through motion to dismiss
dr Reddy will be pretty sure any motion to dismiss would likely fail (as we suspect it will with Hikma) thus Dr Reddy face same prospect - jury trial and all risks and costs - so they too may settle
4 thereafter any other generic would know A would issue against them for infringement if they start to sell GV unless they clearly restrict to SH
5 any other provider such akin to Healthnet would also know they would face the same if they switch cvd V to GV
So the generics and The providers know they will be boxed into dangerous litigation if they enter the market and do any switching tricks
Amarin thus keeps 90 per cent of market in USA - cvd in particular
Of course Marjac and team will render all this moot by winning in the FC Du appeal - let us keep the faith in his incredible efforts to overturn Du disaster
Just my lawyer... but not USA lawyer thoughts
Alm
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