Quote: "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."
Quote: (From Big River)
"People reach new understandings all the time.
Take a sad good look..maybe change their mind."
The generics have killed it (with a little help from Du)..The question is.."Can they eat it?" I'm guessing they never spent a lot of time thinking about that. Probably they were just as surprised by the Du Fess decision..as we were..It has been my contention from the very start that winning the MARINE indication is winning nothing..
The foregone conclusion on this board is that H&R are going to be able to use the MARINE label to shoehorn into the R-I CVD event indication..Via the proviso that physicians are legally able to prescribe off label. This might have been much easier had not JD (da Judge) offered her opinion on why this might be construed as indirect infringement (of Amarin's valid patents) by inducement. The judge giveth and the judge taketh away. The generics I'm guessing will want that part removed from the DC decision.
The giant fly in the ointment is that Vascepa Marine is counterfeited by the fact that Generic Lovaza (owned by TEVA et al) will be the preferred drug for treating High trigs. And any attempt on the part of H&R to remedy that situation..E.G pointing out the CVD benefits of Vascepa..is going to end with Amarin suing them and collecting...H&R might change their minds about a reasonable settlement.
"People reach new understandings all the time.
.Take a sad good look..Maybe change their minds..
":>) JL