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Wednesday, 01/05/2022 5:23:44 PM

Wednesday, January 05, 2022 5:23:44 PM

Post# of 428631
Did Amarin make the claim anywhere, in the original filing, that the Hikma skinny label was a failed carve out? The judge spent a lot of ink comparing Amarin v Hikma and GSK v Teva. One of the sections he copied made a reference to the fact that the AB rating wouldn't be evidence of infringment, if the Teva label was a true section 8 carve out.
Lipid altering drugs have all gained FDA approval based around the theory that reducing levels of those substances in the blood would likely reduce the prevalence of CVD. Even if they were not proven to do so, it was the reason for the approval.
Anybody think this argument would hold water in an amended complaint?
Sleven,
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