Replies to post #262563 on Amarin Corp Plc (AMRN)

[JDUR]

From the bench order:

The Trial focused on induced infringement (15) and whether the Asserted Patents are invalid as obvious in light of the prior art.

(15) While Plaintiffs initially asserted two indirect infringement theories, the Court granted summary judgment to Defendants on Plaintiffs’ contributory infringement theory. (ECF No. 278 at 11-13.)

This was a detrimental ruling and an appeal, despite finding the judge in error on weighing of secondary conditions, can still rule in favor of the defendants "non-infringing" uses. Thus, from the FDA's point of view, would still have to grant an ANDA with the carved out label. Depending on what the FDA requires, it may open grounds to another lawsuit.