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shadolane

12/30/19 8:24 AM

#237730 RE: MontanaState83 #237728

I don't get much of the science stuff but I know there is little certainty in litigation.

Makes a person a bit nervous.

This seems like one of those binary events.

IMO

HDGabor

12/30/19 8:55 AM

#237732 RE: MontanaState83 #237728

M-

Reddy is essentially going after the Marine label?

Yes

won't Docs keep prescribing the generic beyond 12 weeks if the patient meets the RIt profile (assuming the generic is cheaper).

Yes, will prescribe

Is this the crux of the infringement argument by AMRN?

No. Argument by AMRN: the label (the MARINE only, same as V's before 12/13/2019) encourage physicians to prescribe longer than 12 weeks … generic commit (by the label) an indirect infringement (inducement).

Is AMRN allowed to bring RIt into the picture?

More likely yes but not against inducement … they could use R-IT as a reason of no-obviousness (against generics obviousness argument) … supporting validity of the patent(s).

Best,
G