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MontanaState83

09/06/20 11:36 PM

#297048 RE: Dancing in the dark #297046

Interesting thought

Dancing in the dark

09/07/20 12:00 AM

#297050 RE: Dancing in the dark #297046

instead of focusing litigation on whether or not the generic manufacturers are actively PROMOTING their “skinny labeled” generic for patent-protected reduce-it IP uses,

the argument could be made that by PRODUCING generic icosapent ethyl in a quantity in excess of that required to fulfill Rxs to treat the MARINE indication, the generic manufacturers are inducing infringement on the reduce-it IP.



just for example purposes:

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.

marjac

09/07/20 12:58 AM

#297057 RE: Dancing in the dark #297046

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.

alm2

09/07/20 2:41 AM

#297061 RE: Dancing in the dark #297046

Correct - and Amarin seeks injunction to prevent infringement - and if they obtain such generics are toast
Alm

sts66

09/07/20 3:55 PM

#297226 RE: Dancing in the dark #297046

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?

moonotaur

09/07/20 5:47 PM

#297249 RE: Dancing in the dark #297046

This is actually brilliant.

Dancing in the dark

01/25/21 8:37 PM

#321051 RE: Dancing in the dark #297046

argue