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Hamoa

01/11/20 8:54 PM

#240182 RE: HDGabor #240178

I don’t think the timing of the ANDA filing relative to REDUCE-IT results is material. In the case of either RI indication or MARINE, Defendants are attempting to make a specious argument to gain access to a very small market that conveniently sits beside a much larger market that should be legally off limits. Imagine if you paid $100 million for exclusive rights to sell beer at Fenway Park, and then the Red Sox gave me similar rights, for free, to sell identical beer at Fenway Park, at a lower price, but only to people who were going to use it for hair rinse, with no way to monitor compliance. I would look you in the eye and say, “What are you worried about? I have no interest in selling beer to thirsty people!” Who wins that case?