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Meowza

07/01/20 11:41 AM

#283948 RE: ggwpq #283947

I mean, yeah, a bunch of bullstuff is how we lost at trial, and that could just as well be grounds for affirmance. Appeals discourage recognizing bullstuff as such because having a second trial is somehow the greater evil.

mrmainstreet

07/01/20 11:42 AM

#283949 RE: ggwpq #283947

And the big question is what is the company worth if we lose the appeal? $8-12? More? Less?

After being in the running for CEO of the year, the level of trust in JT's ability to make the right call seems to have plummeted, so not sure what the market will think EU and ROW is worth.

rosemountbomber

07/01/20 11:44 AM

#283950 RE: ggwpq #283947

GG I think both of your points are plausible when looking for an avenue that the panel uses if they are inclined to affirm.

What bothers me about #2, if someone sort of thinks about it, is how most of the sales are off-label and in reality how automatically most of the Generic sales will also be outside of the Marine label - which mean infringement.

anfla

07/01/20 12:55 PM

#283960 RE: ggwpq #283947

Commercial success should not be based on % of scripts for total market share of Vascepa. It’s % of scripts for total market share of the indication. Vascepa tooo about 25% of the indication despite being more expensive and 9 years behind lovaza to the market. That indicates commercial success.

HinduKush

07/01/20 4:08 PM

#284002 RE: ggwpq #283947

ggwpq

1) CAFC agrees that weighing of SCs is wrong but "commercial success" and "unmet need" still cannot overcome obviousness (that's why we might need Kura)

2) CAFC agrees that weighing of SCs is wrong but it strike down commercial success (due to off-label contributions) as positive SC hence cannot overcome obviousness



Amarin needs to hammer home the reasons and scale of commercial success based on MARINE and ANCHOR. If it was only the TG>500 mg/dl population, Vascepa has served since 2012, it would be very small sales indeed. This fact underscores the long felt and hitherto unmet need for a TG lowering LDL and ApoB lowering drug, to decrease residual risk from remnant lipoproteins fulfilled by Amarin long before R-IT confirmd clinically how huge this benefit really is. This fact also underscores why off label prescription infringement (albeit not actively encouraged by generic company labeling)by writers of off label Gen Vascepa is a given..
HK
https://investorshub.advfn.com/uimage/uploads/2020/7/1/icuf[sales_vascepa_analysis.png