Amarin Corp Plc (AMRN)

[alm2]

Jas

Keeping it simple

The FC -Having agreed that Epadi has standing

Rule 60 - if the FC wish to they could themselves simply overrule Du decision and thus restore the patents

The Epadi case asks the FC to do exactly this

An alternative open to them is to send it back to du - so she has to then decide on the rule 60 case- but given the FC are aware of the facts asserted in the rule 60 - why bother ???
Generics may argue - well we have not taken up the Rule 60 case because we asserted no standing - but they ignored the rule 60 at their peril (and probably quite simply because there is really no basis to challenge it )

There seems little point in sending it back to her when the outcome would thus be exactly the same -FC could remedy the fault in the decision at a stroke both as to the standing issue - allowing that there is standing - and because FC recognise the fraud / mistake

- all of which has been brilliantly set out in marjacs briefs and our experts evidence / bhatt report


But -they may refuse standing

Or if find standing -

The FC. Could also simply say du decision stands - thus not impressed at all by the rule 60 arguments

Alm