HD - if Amarin settles today, what prevents multiple additional generics from filing tomorrow, the exact same thing what Hikma/ Reddy filed, and argue the exact same points?
if Amarin settles today, what prevents multiple additional generics from filing tomorrow, the exact same thing what Hikma/ Reddy filed, and argue the exact same points?
Legally? Nothing? … But Amarin will have granted induced infringement claim. … Maybe you missed this in my post
IF the Judge grant induced infringement claim
(i) what prevented multiple additional generics from filing since 7/26/2016? (e.g. the two generics that submitted ANDAs in 2014 but not in 2016) (ii) what prevented Apotex from filing Paragraph IV notice for all patents, but just for some? (iii)if Amarin wins today, what prevents multiple additional generics from filing tomorrow, the exact same thing what Hikma/ Reddy filed, and argue the points that were eliminated during this trial? (e.g. written description)
and meanwhile it is not likely, if Amarin loses today nothing will prevents multiple additional generics from filing tomorrow.
Even if Amarin settles or goes to the end of the trial and wins another generic can file for something different and drag this on forever. Or until patents expire
Any other generics that were not included in this case at one point in time will argue the same exact points in any subsequent trial.
They will also have to argue how they will not infringe on REDUCE-IT patents, which are now in the OB. That, I believe, will be a much harder bar to clear, especially given the expert witness testimony provided in this case.
HD - if Amarin settles today, what prevents multiple additional generics from filing tomorrow, the exact same thing what Hikma/ Reddy filed, and argue the exact same points?
In that event, the Composition patent that BB has been raving about should become relevant, assuming it has or will reach OB status.
How strong it is, or exactly what this patent covers, perhaps the forum may want to take a look at that.