Replies to post #272776 on Amarin Corp Plc (AMRN)

[amarininvestor]

While HDG is correct, it seems to me that JT has a good level of confidence on the acceptance of the expedited schedule:

This is from the last earning transcript. See answer to Chen's question:

Louise Chen

Hi. Thanks for taking my questions here. So my first question here is how do we think about the OpEx in 2020, the decline relative to your previous guidance? And the quarterly progression in light of some of your promotional activity? And then secondly, when will you know if your appeal has been granted and if it will be expedited? Thank you.

John Thero

So I'll pick the second one first and then we're all sitting in different locations at the time. I'll turn it over to Mike on the OpEx question. With regards to the appeal it would surprise us at this point if the schedule that we've put forward in front of the Federal Circuit is not accepted. And I'm not sure exactly when we'll hear that, but it's based upon our understanding of the court -- as both sides aren't contesting the schedule. The schedule for expedited motions should be accepted. In terms of one we'll hear about whether the court hiring is in September or October, that wouldn't likely occur until after the motion has been all filed. So I'm guessing that’s probably -- we'll probably hear in about the July timeframe on that. But, again, we don't control the timing of the court. So that's the rough estimate. The -- relative to OpEx Mike, do you want to comment on that?

[marjac]

That's correct on the expedited. An application was jointly filed by the parties. It is now subject to the court's discretion to grant or deny it. One day, as determined by the court, an Order either granting or denying expedited will appear on PACER.

One thought I have on the topic, is that the court may wait to see how many amicus briefs are filed before making that decision. If a bunch of amicus briefs are filed, the court as practical matter, may deny expedited due to the amount of paper to review.

Along those lines, it will be interesting to see how voluminous Amarin's Appendix will be. Generally, an Appendix will include all of the pleadings, all relevant documents and exhibits, and all other relevant court filings such as the Final Pretrial Order, the Proposes Findings of Fact, and relevant motions. Further, there are multiple days of trial transcripts.

So we take the following factors: (1) the amount of paper; (2) the complexity of the issues; (3) the amount of amicus filers; (4) the court's docket crowded with other complex and voluminous cases; and (5) the whims of whomever is making the decision on expedited. All of these combined make the decision to grant expedited very difficult to handicap, and an open question.