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Re: jessellivermore post# 20408

Monday, 11/04/2013 11:53:24 AM

Monday, November 04, 2013 11:53:24 AM

Post# of 426737
Jesse,

Even if you are right (and that's a big if) and a firm takes this case on for "free" (normally contingency cases are not free - they only cover costs IF Amrn wins) it will still take ages to go through the legal system.

Unfortunately the US legal system is more clogged than the public restroom of a New York subway station and with appeals, this thing could possibly drag on for years.

In the meantime - no approval for Anchor, dead end for us shareholders until the case is resolved. With legal proceedings taking as long as they do - I do wonder if the Reduce-it trial will be completed even before the case works its way through the appeal system! Even after damages are awarded, and the appeals all rejected/lost, the FDA can drag its feet in paying damages - a process which could drag into months (or even years!)

Imagine a case being filed tomorrow - it'll only be heard some time Q3 2014 (after repeated attempts at mediation). After a trial which could last months, expect a verdict earliest Q4 2014. Then appeals, etc etc - it could all take up to 2016/17 to conclude!

Sorry Jesse - I don't see how this one will help us here. Taking the FDA to court is only beneficial as a legal threat - which may or may not work, but the FDA knows all they have to do is sit pretty, and Amarin would just work itself out of time.

Far better to just play nice with the FDA and negotiate - but remind them that Amarin has nothing to lose and "going nuclear" would wind up costing both sides big time.
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