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Re: HDGabor post# 380103

Sunday, 06/12/2022 9:20:22 AM

Sunday, June 12, 2022 9:20:22 AM

Post# of 427310
HDG...QUOTE..." I am not aware of the full details of the Hikma case, so could not say or deny it is the "same" or different situation but I am sure an "explicit" promotion by Hikma should be exist to win the case."

This turns on what is meant by "explicit"...Hikma bragged in 2020 in a public a meeting of financial analysts that.... "Company forecasts sales as high as $700m after regulator grants broad label."

This figure could not be realistically achieved by selling gV solely for Rx for the high triglyceride indication, which is only 7% of the Vascepa market...It is a very "explicit' statement of Hikma's intention to infringe on Vascepa's CVD indications, which are 93% of the market.

This evidence was introduced at the Amarin vs. Hikma and Healthnet trial. and was convincing enough for magitrate judge Hall to find for Amarin.
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