Replies to post #268288 on Amarin Corp Plc (AMRN)

[rosemountbomber]

Michael, and to that question, can a settlement set aside a court ruling? As if it never happened?

[HinduKush]

Hayward

A skilled Amarin attorney should be able to forcefully argue that Miranda's decision is such an outlier, so far off the beaten path, so lacking in substance, that its conclusions cannot be given any weight of authority.

And how many times do we want to spin this legal wheel of fortune? How many times could or should Amrn re-litigate this with each new wanna be V generic, while Du leaves the barn door forever open with invalidated patents? No, Amrn has little choice but to try and get AC to negate Du once and for all...
HK

[marjac]

We discussed at length previously, as part of any settlement, the parties can jointly apply for vacatur by consent, in which case the parties agree that Miranda's abortion should be vacated. As we further discussed at length previously, even if Miranda's abortion is not vacated, it is not binding, and can be collaterally attacked in any other court, with any other judge free to reject it in all its infamy.

By raising these things, I am not saying that these are optimum solutions or even practically viable under the circumstances. I am saying that these are at least theoretically viable options that are available, and may be viable depending upon the circumstances. None of us are equipped to opine on the actual viability, because we do not have access to all that is known within the Amarin war room.