Both parties will have to get on the same page prior to filing joint appendix. IMO this could happen prior to Singer reply brief due next Friday, most likely after filing of joint appendix*, but before oral arguments. If this goes to oral arguments there is no settlement and Amarin can chose to supply whatever generic they chose at end of patent life. (I ASSUME VICTORY) For example, before 8-2029 Amarin can cut a deal to supply Apotec but not TEVA or H&R; Apotec would have a huge advantage come generic launch time due to cheaper and proven API sourcing. If H&R take this to decision they risk getting the best settlement out of all generics. Is it worth the risk reward for generics to settle? Yes, as previously stated...Amarin has 50 other valid OB patents that create at risk launch regardless of who wins the appeal.
The Street or banks don't talk about the other 50 OB'd patents for they same reasons they don't value Europe into current stock price.
BB
*Joint appendix will be best clue to direction of this case...settlement vs. decision