Putting aside that Petitions for Rehearing En Banc are usually denied, and the court moving for an initial En Banc hearing on its own, is extraordinarily rare, En Banc is bad for Amarin.
To get to En Banc, either Amarin loses with the Panel meaning that its shareholders are forced to endure the crushing defeat of 3/30 yet again, with En Banc offering faint hope at some time down the road, and Amarin enters with a numerical disadvantage; or Amarin wins with the Panel, but the glory of the victory is short-lived, as the uncertainty as to why the En Banc was granted and what the En Banc will do, becomes a matter of great anxiety and overhang for both Amarin and its shareholders.
The only real positive scenario for Amarin is an exit from this patent litigation whether through a victorious appeal, or a settlement.
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