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Re: JRoon71 post# 396907

Wednesday, 01/04/2023 4:32:16 PM

Wednesday, January 04, 2023 4:32:16 PM

Post# of 426567
Your comments are wise. I think it might help Amarin that the magistrate judge has ruled that Hikma should stay in the case. And even the judge who dismissed Hikma agreed in his oral commentary from the bench that something was wrong and somebody needed to be blamed for what was happening to Amarin's scripts that were still covered by patents. It's just that he chose to solely blame Health Net. Appeals judges might feel differently. And anytime there is division in lower-court rulings, like there is here between the magistrate judge and the judge, there is always an improved chance that the appeals judges will see it the same way as the magistrate judge. The beauty of the appeals system is that multiple judges look at the issue at once. Quite a few decisions by a single judge on complex issues like this get flipped. So there is more hope than in most cases where it's pretty cut and dry what the outcome is.
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