Regardless, by combining EPA with their drug, Gilead has a novel patentable therapy.
Edit: For example, Amarin has a patent for an all-in-one capsule of a statin-containing capsule with an EPA center. Amarin can patent the invention without taking another company's product. Does it mean Amarin can make it? No. Amarin would need a patent of a statin or permission/license from a statin patent holder.
Edit 2: I just want to emphasize, this works both ways. If Gilead discovers their drug works better with Vascepa, they would need doctors to prescribe them together or license Vascepa from Amarin if they wanted to make an all-in-one drug. Does this make sense?
NWBO's CEO Linda Powers didn't let the BMY's checkpoint inhibitor + DCVaxL combo trial funded by NIH to go forward because there was an apparent snag in the partnership agreement with BMY. BPs cannot steal intellectual property from a small cap that easily under the disguise of a combo attempt. LoL.