You ask the wrong questions. R-I patents being properly tied to Marine patents via ANCHOR label would have bolstered strength of claims construction in Marine case.
Taking Du court to decision was a strategic mistake*. Prosecuting First Amendment case instead of prosecuting SPA appeal was a mistake. Flipping coin on an appeal decision is reckless.
Great drug, poor business strategy.
*Amarin admits they thought they would win; clearly a good faith effort to settle was not explored
Is Amarin legally required to negotiate in good faith? I say yes.