MARINE indication: 1,000 treatable people REDUCE-IT indication: 30,000 treatable people
the argument could be made that should sufficient generic icosapent ethyl be produced by generic manufacturers to treat 2,000 people, the quantity produced by the generic manufacturers to treat the additional (2000-1000=1000) 1,000 people was produced to treat patients other than the MARINE indication.
That's along the line that I have been thinking. Judge Du found infringement, but ruled against Amarin based upon obviousness. Nothing obvious about the Reduce-It indication.
Interesting idea, but it requires knowledge of how much GV is being produced and sold - does Iqvia or Symphony measure generic sales by company (does anyone but Teva sell GL)? Can't count on generics breaking out revenue by drug, they sell hundreds of drugs and that info likely isn't in SEC filings nor is it required to be. If all GV sales are lumped into one number how do you know who may be infringing?