Amarin Corp Plc (AMRN)

[sstyles]

It's the denial of the original en banc request. The original panel decided to rehear the case this past February and issued their new ruling in August. Teva has now asked to have this decision reviewed. Teva is asking the court again to review this.

Will en banc be granted? I don't know. They are generally very rare because you need 7 judges to say yes.

The American Axle case was another contentious case that did not get enough votes for en banc.

If the case is taken en banc, it will signal to the Supreme Court to look at this. Judge Newman is favored at the Supreme Court because they know she knows patent law.

Courts do not like en bancs because they are very contentious. Moreover, Teva did get a rehearing and Judge Newman rewrote the opinion indicating Hatch Waxmann is still the law at hand and this GSK v. Teva case does not violate Hatch Waxman.

Remember Hatch Waxman never made it permissible for generics to infringe on a patent. But what was taking place in the real world was completely different from the halls of the judiciary. If Hatch Waxman allows a generic to infringe on a patent, once the point of having patents? Judge Newman recognized this and penned her opinion accordingly. I love that she indicated Hatch Waxman is still the law of the land and this does not violate it.

American Axle case: https://cafc.uscourts.gov/opinions-orders/18-1763.ORDER.7-31-2020_1628780.pdf