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rosemountbomber

07/14/20 7:47 PM

#286187 RE: jwjones62 #286185

Thanks. So who are the investors that apparently were so intractable in their demands that forced this to go to trial?

And, I realize that JT or any other CEO would pay close attention to some big investors, but ultimately he and management are running the company and may at times need to make decisions that don't always make some investors thrilled.
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marjac

07/14/20 7:52 PM

#286192 RE: jwjones62 #286185

Thanks for posting, jwjones. Very insightful. So the case was not settled because terms were never offered that investors would accept. So it is the investors' fault. And we will not disclose the "confidential" details supporting this conclusion. Got it, JT.
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circuitcity

07/14/20 8:13 PM

#286198 RE: jwjones62 #286185

Great job, jwjones. Was surprised that JT actually replied, did not expect it at all especially after Elizabeth replied. He did not have to honestly. What we can tell:

1) Seems he is under pressure, a lot of... should be. Glad to know he is not oblivious of where we are, wish he shared more on the future.

2) generics did agree to settle but on very aggressive terms, no way to find out details.

3) now generics leverage is much, much higher. Difficult to settle... as I said many times, generics may actually “lose” too if appeal affirm, but they don’t care. So the mindset for H and R has always been: either amrn share the v market with them or nobody has it.

4) some investor dictated the action, there is no other investor other than BB has the influence.
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postes

07/14/20 8:54 PM

#286219 RE: jwjones62 #286185

Jwjones62...my apologies...but are you sure that was from JT?
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tke458

07/14/20 9:02 PM

#286222 RE: jwjones62 #286185

Jw, thanks for posting the response from JT. My frustration mounts every day but I honestly don’t know what people can possibly complain about in JT’s response. He made it crystal clear that the settlement terms were not acceptable. This has been posited many times by different folks on this board and now has been confirmed.
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othersideofthemirror

07/14/20 9:31 PM

#286230 RE: jwjones62 #286185

Thanks for sharing JT's reply.

Response from John Thero,

Thank you for your support of Amarin.

Your first judgment assumes that a settlement was available on terms that you would not have been similarly disappointing. We listened to input from many investors over the past several years. Such input included suggestions on what would be settlement terms that they would accept. The settlement terms that were suggested by investors were not available and we emphasized for many years that the courts can be unpredictable in such matters (which the ANDA filers knew as well and it cost them little to pursue this matter). The confidential nature of such court overseen settlement discussions prevent disclosure of further details.

Regarding the AGM, all of the resolutions passed. Notice of such results was released today (earlier than required) via 8-K filing. Hopefully you joined other shareholders in supporting these resolutions which, as described in the proxy statement, are important to Amarin’s future.

These are challenging times for all of us. Amarin has overcome many obstacles in the past and we are focused on doing so again. No doubt we can learn from the past but we need to put our energies into the future.

Sincerely,

John

P.S. It is best to communicate with Amarin via Investor Relations. That contact information is copied here.

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rafunrafun

07/15/20 12:47 PM

#286335 RE: jwjones62 #286185

I verify that this email is legitimate.
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Jasbg

07/15/20 2:16 PM

#286349 RE: jwjones62 #286185

jwj@ Thanks for bringing this 'seldom' direct answer from John Thero:

As I read what he says - 'settlement is out' - and he tries to explain why.
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What we can hope for is Appeal ruling on Briefs (as I understand it's still not a gone option - as long as no Oral Day stated).

Will new filing move dates ?

As I understand It - the org. Appeal case and new filing is expected (from Law people) to be consolidated (made into one) - will this delay Appeal ?

Jasbg
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sts66

07/15/20 4:15 PM

#286393 RE: jwjones62 #286185

We listened to input from many investors over the past several years. Such input included suggestions on what would be settlement terms that they would accept. The settlement terms that were suggested by investors were not available



Hold the horses - did JT just admit he let the BB's dictate acceptable settlement terms? What were they going to do if the BOD decided the offered terms were acceptable to them and agreed to settle? What kind of absolute power could they possibly hold over JT? Only threat I could see is "we're going to dump every share, tank your stock, and never buy converts from you again" - even if they dumped their share, the drop in pps would be temporary unless the terms were really bad, like H&DRL could market in 2026 or similar, but I don't believe the BOD would have ever accepted something like that in the first place, so that's non-starter scenario.