The MD will write Vascepa or icosapent ethyl, the dose, and the instructions for use. They won’t decide whether the patient gets Vascepa brand or generic. To prove infringement, they would have to request the generic specifically. And then you’d have to sue hundreds of thousands of prescribers who you’re trying to convince to prescribe your drug.
This isn’t going to work - hence why there’s so much riding on the appeal
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