Replies to post #284238 on Amarin Corp Plc (AMRN)

[Meowza]

At least her "Deleted" folder won't go hungry...

[mrmainstreet]

Sorry, are you saying this letter is going to be the catalyst for a settlement?

[anfla]

Yes this just shows how poorly Judge Du understand the entire case. He was saying that you can expect the TG lowering drug to work on both patient populations. He did NOT say you can extrapolate LDL findings between the groups.

[circuitcity]

Bravo!! You are a hero indeed and look forward to it. Thanks a lot for doing this and you are man of word, not lack of action for sure.

[ilovetech]

Eight- Nice job! I thought the letter was well crafted:

Key elements:

- The right tone

- The stakes

- Her chance to take the high rode (incentive)

- Her factual error, which was central to her decision (miscarriage of oath to office).

- Remedy (save face)

ILT

[HinduKush]

Eight
Appreciate the effort and work. The letter is well crafted and offers a magnanimous way out for Judge Du. But, let us assume for a minute, that Du bites by taking the high road and offering vacatur contingent on settlement. Have we all considered the possibility that generics do NOT want settlement? What was at stake here and remains as attractive bait to continue litigation for Generics, is the possibility to waive the paltry 50 million or so on offer, or the offer of early entry behind TEVA and APOTEX, and go for the bigger prize. That being the opportunity (albeit at the risk of legal fees and possible loss of current commercial opportunity), to set real legal precedent with traction in future for the real modus operandi of these vultures. They sue almoost de rigeur for obviousness to claim generic entry, then settle for vast sums and collect on the back end yet again by the actual delyed launch of the generic (look at Hikma's investor page, it flaunts these settlement income values in gory detail). The opportunity to use Amarin vs. Hikma/Reddy 2019 as precedential case law for ALL their future lucrative litigations has them salivating and licking their chops, and you know they have litigated more of these cases against bigger Pharma then you and I have had hot dinners...
HK

PS Pay for delay tactics in launching is not the danger to be guarded against here by Hatch-Waxman legislation, it has become more a "stand and deliver" case of pay me OR I steal your intellectual property through all the open back doors. If this succeeds, any brave remaining enterprising company will have to add the cost of feeding vulture generics to the development costs, and now who is raising the price of medications? Society worries about drug prices and screams loudly about free market competition, and yet we have the price fixing Apotex and other generics indulge in routinely. Now you have a REAL cost problem to society. I note that Apotex was caught in flagrante delicto with Glenmark Pharma recently for just this crime against society. Price Fixing...No big headlines or political kickback against that (everyone paid off no doubt...pure Simony)
https://www.politico.com/news/2020/06/30/glenmark-pharma-justice-conspiracy-345974#:~:text=The%20charging%20document%20alleges%20that,of%20the%20cholesterol%20drug%20pravastatin.&text=Apotex%20agreed%20to%20pay%20a,fix%20the%20price%20of%20prevastatin.

[sts66]

I would further respectfully point out that your Honor wrote on p. 60 that:"Indeed, Dr. Toth conceded that POSAs could rely on data in patients with triglycerides below 500 mg/dL to make reasonable predictions about how patients above that threshold would respond. As headmitted, “a skilled artisan would know that a drug that reduces triglycerides in a patient at 400, is very likely to also reduce triglycerides in a patient at 600.” Thus, the Court finds that a POSA “would have reasonably expected purified EPA to reduce triglyceride levels above 500,” even without data confirming that result."

This seems to be incorrect since Dr. Toth was discussing predicting whether a drug that lowers trigs at 400 would do so also at 600--he wasn't discussing the subject matter of raising LDL

If that's exactly what she wrote and what Toth said, your inference that she was thinking about LDL is wrong - it's not mentioned in those statements. BTW, appreciate most of your recent posts, but talk about hubris - your email is going to get the parties to settle and Du to agree to vacate the order? Seriously?