“The generics will of course be aware of this risk to them and it may colour their enthusiasm “
So H and R went to trial knowing they would only be able to sell into Marine and have to divide those meager sales with at least 2 other Generic companies? Just wondering if they might think they have a way around the infringement.
I know after reading the Fish and Richardson piece on infringement this weekend, it buoyed my spirits and made me think “we got them”. But I am just wondering if it is that easy why H & R did not settle and went through the litigation. Do they know something that we are missing?
"Evidence could be carefully collected from various sources as to how generic sales infringe on the reduce it patents The generics will of course be aware of this risk to them and it may colour their enthusiasm."
Evidence is readily available. This exercise could be fairly simple. Once generic icosapent ethyl Rxs exceed a threshold that accounts maximum treatable population of persons with triglycerides > 500 (reduced by lovaza and generic lovaza Rxs), then the generic icosapent ethyl manufacturers are producing a product intended to be used to treat an indication other than their skinny label.