I didn't say they were. Nonetheless, their product will infringe on Amarin's patents (if Amarin loses) and someone is responsible.
Should be the easiest thing in the world. Either find X friendly patients (most of us would volunteer) and/or show a spike in TRx (V + GV) if Amarin sticks around and does DTC.
One way around the medical records issue is for the names to be redacted. For litigation purposes, the identity of the patient is irrelevant. A carefully crafted Subpoena could address this issue.
Likewise, Dr. Budoff “treated patients with Vascepa for less than 12 weeks about 5% of the time, which is consistent with [the] labelling.” (yes the defendants directly cited and managed to misspell labeling)
So as I pointed out months ago on this board, if the label is only promoting 5% usage and there is no evidence that Hikma plans to infringe then why are they advertising Vascepa's entire sales volume to investors in press releases?