Replies to post #261956 on Amarin Corp Plc (AMRN)

[money_man]

Wonderful insights, thank you for your expertise.

[Pharmacydude]

Marjac
Generics could get 5-7 years worth of the small margin pie they would have shared with half a dozen other generics and Amarin gets its multi billion dollar market back. Not quite win/win but win/lose much less.
I like it.
Thanks for sharing

[circuitcity]

Very pleased to hear about the legal basis about post appeal settlement. I truly believe there is incentive for generics to wait for amrn to build the market first, it is not here yet obviously.

The task is really exciting, good thing is we have a year or so until appeal to execute this strategy. We need Harvey Spector/Mike Ross/Jessica Pearson in Suits here to pull it off.

[sts66]

Appears you are correct about a settlement being done while the case is being appealed assuming this Wiki is correct:

https://en.wikipedia.org/wiki/Vacated_judgment

"Relief from judgment" of a United States District Court is governed by Rule 60 of the Federal Rules of Civil Procedure.[2] The United States Court of Appeals for the Seventh Circuit noted that a vacated judgment "place[s] the parties in the position of no trial having taken place at all; thus a vacated judgment is of no further force or effect."[3]

One form of a vacatur in the United States legal system was established by United States v. Munsingwear, Inc. 340 U.S. 36 (1950), otherwise known as the Munsingwear vacatur. This approach is used when while a case is being held on appeal, whether at the Circuit Court or Supreme Court level, underlying factors make the case moot, then the higher court will vacate the lower court's ruling, send the case back to the lower court, and have them render the case moot. Certain conditions must be met before the higher court can give a Munsingwear vacatur, generally allowing this vacatur to be used in three situations: in the matter of "happenstance" (such as the death of a litigant), through a settlement of the parties, or a unilateral action by the prevailing party from the lower court.[4][5]

However, I don't agree with your opinion that if there is no vacatur, Du's order isn't binding on other generics - if her ruling stands it *is* precedent establishing - to say every other generic would have to start from scratch with a new lawsuit opens up a huge bunch of problems - a waste of court resources, the plaintiff AMRN would face an endless series of lawsuits, and another judge could rule in favor of AMRN - then what happens? It's like double jeopardy in a criminal case.