amarininvestor...
You, pd and card are wrong..Generics are not FDA approved for the R-I label...And one of the most important issues in the trial was the inducement issue and the judge ruled that if Generics attempt to write scripts for the R-I indication then they are indirectly inducing on Amarin's patents..
These same rules hold for the Drug plans...The generics can not legally convert Marine Scripts to R-I scripts and the drug plans are going to set Generic Vascepa at Tier 4 (the most expensive) because Generic Vascepa is only approved for the Marine label and is not approved for the R-I label..This is the same situation that Amarin faced all of last year...
The drug plan companies did not "discount" Vascepa because doctors were prescribing it "Off Label"...This is what everyone on the board was screaming about. The drug plans set the Tier at Tier four (the highest) because the only label Amarin had was the MARINE label and Lovaza and and generic Lovaza were both cheaper..And rules say Tier four if there is a cheaper alternative for a drug that has the same indication(s)..
I know this is complicated...but read it again..A common misconception is that "Generic" conveys priority...this is incorrect, "Price" conveys priority..most of the time the Generic is the cheapest..but in this rare case Generic Vascepa, is not the cheapest alternative because the drug plans know generic Vascepa can only be prescribed legally for the MARINE indication (Very high trigs) and can not be legally prescribed for the R-I indication..Also the implications here are that Amarin can sell Vascepa for the R-I indication...Has an FDA approval and valid patents...And since there is no competing drug which is a cheaper alternative...Amarin will be able to sell Vascepa at a lower Tier than the generics can...How does that sound?
":>) JL
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