Yes, if I were running the show at AMRN — every avenue. But I, and we, are not.
How the generics exploit the leverage they would gain if the appeal fails is up for debate. It’s hardly clear they see it how we do. 2029 is like 3000 from the usual business planning perspective.
This should have been settled somehow in advance — we all agree on that, of course not knowing what the bid/ask was in those discussions, and hindsight is 20/20. The generics may not have fully thought through what the consequences of a win were. They may not have fully realized the uniqueness of this situation, where indication #2 dwarfs the original one.
Now they face winning a prize where opening the box destroys the collector value — but they can’t get the box closed again. But even if they could, there’s no way for them to keep the restored price alone anyhow. Any deal would have to be shared with two other predators now.
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