Kev- Seriously? As I’ve stated a number of times I anticipate 10,449,172 will be OB’d in January update. This is a composition patent. Irregardless of getting in OB this patent is good until 2038 (I need confirmation on this). Also the 10/4 patent (my nickname for 10,449,172) qualifies for 5 year patent extension for R-I development if OB’d. Total possible lifecycle 2043....that’s 23 years of just Vascepa and doesn’t include MOCHIDA IP or AMR102/103 IP.
Is 10/4 untimely? No. It is a composition patent based on R-I. Direct infringement if using the compound for Marine (arguable) and R-I (cold hard fact) prevents generic sale of Vascepa.