Please note I stated that I expect Judge Du to rule in Amarin’s favor not based on Amarin’s virtue, but on the intent of our IP laws. That intent is to encourage innovation by protecting inventors from legally prohibited competition that infringes on the inventor’s invention. In this case, there won’t be a person in that courtroom who does not fully grasp that Defendants’ intentions are to gain ill-gotten access to as much of the CV market as possible by way of a paper thin argument for their claim to the minuscule market for patients to whom doctors would prescribe their Vascepa bio-equivalent for less than 12 weeks. Amarin is invoking fundamental patent law protection to prohibit Defendants from using such subterfuge to wrongfully undermine the value of Amarin’s hard-earned patents for Defendant’s commercial gain. It really is that simple. And Judge Du will see it as such.
The fact that the good guys will win here is simply a by-product of the proper application of patent law.
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