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IgnoranceIsBliss

07/03/20 4:24 PM

#284454 RE: marjac #284452

Come on, this is silly. They settled with Teva because the whole world thought R-IT would fail and the MARINE indication alone was a generic sinkhole.

The settled with Apotex because any other outcome was idiotic for both parties under the circumstances.

Hikma and Reddy’s rolled the dice and rolled boxcars. You wanna fault JT or Covington for losing the bench trial? No problem.

But this endless settlement diatribe is lunacy. It’s just angry fantasy. I get the anger. The fantasy has become super boring.
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sstyles

07/03/20 4:38 PM

#284459 RE: marjac #284452

Excellent post! Hit the nail on the head!!
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HinduKush

07/03/20 4:45 PM

#284461 RE: marjac #284452

Who can disagree (with firm facts to back up their opinion) on marjac's thesis which is logically and economically speaking sound?

What's a better position pre-Du, settling with Hikma/Reddys, then watching the stock price go into the high teens/twenties, BO window opening, charging forward with DTC launch, or gambling everything on a binary court event with liberal judge in Nevada, which resulted in a 75% multi-billion dollar market cap loss in one day, not to mention a near 50% loss in stock price in the three months leading up to DUsaster, the destruction of so many loyal shareholders portfolios, and the company now operating in a complete malaise while recklessly gambling on another binary coin-flip court event?



"Well everyone thought they were going to win, including the lawyers on the Board." The only people who matter are management, the Board of Directors, and the lawyers getting paid the big bucks, all with the fiduciary duties to protect the shareholders from what happened on 3/30. These are the ones with the decision-making power, the fiduciary duties, and most importantly, access to all material facts and documents.
A financial raping of Amarin shareholders has occurred in 2020, something that could have, and should have, been wholly avoided through prudent risk management, which meant and still means, settling this case. To suggest that the concept of settling was flawed, or never an option, is without foundation.

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postes

07/03/20 5:01 PM

#284463 RE: marjac #284452

Marjac...top notch stuff!
Additionally if we lose appeal and no settlement all the lost opportunities and sales is mind boggling.
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shadolane

07/03/20 5:36 PM

#284468 RE: marjac #284452

As stated by others there was ultimate confidence in winning. Two things seemed to have gotten in the way. Supposed legal supremity was not realized and Judge Du.

So here we are. Hoping for better results this time.

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ggwpq

07/03/20 5:53 PM

#284472 RE: marjac #284452

marjac, I respect your opinion very much. However, I don't remember any legal minds from this board were advocating settlement before March 30th ruling. Please correct me if I am wrong. Again, thanks for what you have done for this board. Truly appreciate your tireless effort.
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alm2

07/04/20 2:38 AM

#284510 RE: marjac #284452

But Marjac
Given that settlement was an option exercised -With two generics - T and subsequently A is not the most likely and logical conclusion that the terms required by H and R were simply beyond any level of commercial reasonableness - Or indeed H and R may have had no intention to settle at all (by for example demanding immediate generic access to the market) -thus generics chose to go for a long shot outcome in trial - a few million in legal fees to win the lottery ?
It is pure speculation to assume that settlement was a realistic option for Amarin - we are not privy to any information as to what H and R demanded
Alm
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Restingzebra

07/04/20 2:24 PM

#284542 RE: marjac #284452

Well done counselor.
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Will Lar

07/05/20 12:35 AM

#284552 RE: marjac #284452

Marjac - questions and thanks in advance for clarifying this! I'm not familiar with the legal process.

Per your statement below,

1. Are you referring to the confidential settlement statement filed for the appeal last week? do judges read them before or after the O.A.?

2. are there similar documents filed at the district court? did Du review them before making her ruling?

I'm trying to understand whether each party's position in the settlement discussion is known to judges before their rulings.

How were the parties able to prepare confidential settlement statements setting for their respective settlement positions and the basis therefor, as ordered by a federal judge in preparation for a court ordered settlement conference?

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sts66

07/05/20 2:34 PM

#284580 RE: marjac #284452

So you're not considering that generics never wanted to settle, especially in the light that DRL has taken everything to court for several years, suggesting they are not interested in settling with anyone? Or that they asked for too much? If they wanted to sell by 2025 do you think AMRN should have accepted the offer? People would have lost their minds if AMRN agreed to that and the stock would have been crushed.