Kush: Great post! You are in serious running for Amarin Activist Investor 2020!
Just send to JT
John- Please consider sending this to Joe/Singer; it’s a great review of case law directly related to ANDA legal issues and upcoming scheduled oral arguments regarding your 1 Gram Vascepa consolidated cases.
I also added your creds and gave you great praise but I excluded this from the above content to secure your privacy on this public opinion forum. If you would like I will Cc you the email.
I also hope IHUB does not comply with 8’s proposed demand to moderators, it would ruin this board and many others.
HK... Thank you for your excellent analysis...my take, with help from your analysis, is:
1. The Generics can't persuasively negate the clear error in the law by judge Du in weighing negative vs. positive S.C. 2. the Generics can't persuasively negate the clear errors of fact made in Mori and Kura by judge Du. 3. The Generics have to fall back on arguments that the effect of the S.C. was unimportant in this case...and that the errors of fact in the prima facie evidence were not really errors. 4. these arguments by the Generics are not convincing.
HK, great analysis as always. The moment Judge Du weighted the SCs against each other, Amarin bear the burden of persuasion as it would have to prove every single SC to be favorable. No CAFC panel should allow it.