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Dancing in the dark

01/14/20 12:46 PM

#240956 RE: Dancing in the dark #240900

infringement via inducement and chronic conditions

since amarin already has vascepa on the market,
could another entity perform a study of EPA for new indication (an indication not currently patented by amarin) with the intent of marketing that new indication themselves WITHOUT inducing providers to infringe with vascepa Rx's?

i think, if not, any new EPA indications go to vascepa.



example:

trial sponsor: Prostrivity (made up)
API marketed name: PROSEPA
trial: does PROSEPA significantly reduce prostrate inflammation?
trial outcome: success
assume FDA approval: to significantly reduce prostrate inflammation due to ...
DTC commercials: see your doctor for a new drug, PROSEPA, for A, B, and C. placebo-like side effects

patient goes to doctor: doc, i want an Rx for PROSEPA. well. mr. SoandSo, you're already taking vascepa so i don't believe you'll need PROSEPA to get the benefits of prostrate inflammation reduction.