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Re: JRoon71 post# 447719

Friday, 05/01/2026 3:58:40 PM

Friday, May 01, 2026 3:58:40 PM

Post# of 447908
Kavanaugh should go drink another beer. The question of what percentage of sales can be attributed to Hikma's actions is something for a jury to determine, not the Supreme Court. Just because the practices of pharmacies, insurance companies and doctors influence whether a generic is used doesn't absolve the company that infringed patents from liability. A jury might find that Hikma is responsible for 2 percent or 5 percent of Amarin's sales loss rather than a much larger proportion because of these other influences and thus the penalty against them would be much smaller than their "sky is falling" argument would suggest. The idea that Alito and Barrett would join a 9-0 majority against Amarin when they both seemed to wonder why the high court even took up the case rather than let it play out seems absurd.
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