Amarin Corp Plc (AMRN)

[sts66]

We've thought AMRN had winning arguments in all the litigation they've been involved in, but they lost every case and appeal. Legal justice and AMRN don't belong in the same sentence. But tiny ABUS just got a judge to agree with them that MRNA should be sued for patent infringement, not the US government, as MRNA argued - ABUS is a nobody - why did they get a judge who seems to understand patent law when AMRN can't get one anywhere in the country? Excerpts from an Endpoints.com article about this new development:

...as the Delaware district court has refused to throw out the case, with Judge Mitchell Goldberg writing late last week:

“Moderna originally moved to dismiss Plaintiffs’ claims as to all of its sales of COVID-19 vaccine doses to the U.S. Government. But now, both the Government and Moderna acknowledge that claims regarding sales under a second Government contract (W58P05-22-C-0017 (the ’-0017 Contract)) were not with the authorization and consent of the Government and should not be dismissed. Had I granted the relief Moderna sought in its original motion to dismiss, this fact would not have come to light and the relief ordered could have been incorrect.”

Goldberg also said Moderna’s request to transfer a portion of this matter to the Federal Claims Court “is premature and must be denied at this time” after the biotech argued that Arbutus and Genevant should really be suing the federal government.

But that argument from Moderna didn’t hold up. And the judge’s ruling from last week “was a surprise development” and “places the LNP royalty upside back into play and we’ve previously commented there could be +20-30% upside for ROIV [Roivant] and +200-300% upside for ABUS [Arbutus] from monetization of the LNP patents,” Jefferies analysts wrote in a note yesterday.

The analysts note that a key claims construction order from the Delaware court could come as early as the end of this year or early 2024 after which “a monetary settlement could theoretically occur.”