Replies to post #243388 on Amarin Corp Plc (AMRN)

[Lemmiwinks]

That about sums it up. More litigation this week...then we wait. I feel pretty confident the ruling will go in AMRN’s favor. Was much more worried about adcom....especially while watching it all live. And we know how that turned out. Fingers crossed. Salt over shoulder. 4 leaf clover in wallet. Witch bottle in back yard
La Madonna and arch angel Michael tattoos. Also have not stepped on any cracks in months.
Im feeling lucky.....
But seriously....thanks for sharing your expertise with the board. You will pay no tab if ya make it to vegas 2.....
Lem-

[Mocha Loca]

Thank you HDG, unbelievable amount of detail. You rock!

[MontanaState83]

HDG - you are the best!!!

[invest2992]

Adding my thanks to you for your DD and willingness to share. Good luck to all, but especially those who have contributed so much to the rest of us. Not sure I'd be here if I hadn't received the DD this site has freely shared. I am confident 2020 will be a very successful year for AMRN, but if I'm wrong and this does turn south it is nobody's responsibility but mine, God bless.

[cmm3rd]

Thanks for the summaries.

As HDG notes, the generics' burden to prove obviousness is by "clear and convincing evidence," and such standard is a higher bar than the lower "preponderance of the evidence" standard. To the extent the generics may succeed in proving obviousness with respect to a given patent claim, that claim would be invalidated, rendering moot the relevance of Amarin's attempting to prove infringement of that claim.

Also as noted, Amarin's burden is to prove infringement (of a claim that the generics are unable to invalidate), and the standard for proving infringement is by a "preponderance of the evidence," generally defined as being "by the greater weight and degree of the credible evidence," or "51% of the evidence."

For Amarin to win, the generics must fail in their burden to invalidate any claim (i.e., fail to prove the claim invalid due to obviousness) that Amarin also succeeds in proving is infringed by the ANDA label. Any one such combination (regarding the same claim) of result would mean Amarin would win.