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Wednesday, April 03, 2024 6:40:36 PM
You are right that I went a little overboard in absolving Judge Du. In my study of courts over the years, I've noticed that judges usually go out of their way not to destroy a company as she came close to doing. Or should I say Duing. My guess is that she didn't understand the ramifications of giving out a "skinny" label to vulture-like generic companies and that it would destroy marketing capabilities and abruptly halt the expansion of use of Vascepa in America, leading to the deaths of some people who otherwise might be saved by the drug. And she had plenty of exit ramps to choose another course. It seemed preposterous to suggest that Vascepa could have been invented by anybody with reasonable medical knowledge. If so, somebody certainly would have done so in the decade or so before Amarin did. And then the medical field's surprise at Vascepa trial results and the robust growth of the drug after sales began should have protected the patents as well.
I'm not a lawyer, though, and I've learned not to try to share my amateur views with attorneys. Marjac was very kind in comments he made yesterday about my posts regarding the Federal Circuit arguments, but his knowledge and experience with the law is so vast in comparison to what I know that I would never bother him with my spectator-like observations, beyond what he sees on this board. It would be like some out-of-shape guy in a bar telling a professional baseball player what he thinks he should do on the field.
I'm not a lawyer, though, and I've learned not to try to share my amateur views with attorneys. Marjac was very kind in comments he made yesterday about my posts regarding the Federal Circuit arguments, but his knowledge and experience with the law is so vast in comparison to what I know that I would never bother him with my spectator-like observations, beyond what he sees on this board. It would be like some out-of-shape guy in a bar telling a professional baseball player what he thinks he should do on the field.
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