Are you sure about that? The MARINE indication has existed for some time. Meaning it is a defined population. Let's not act like it suddenly got bigger. And let's not pretend the generics are really interested in just serving this population. What is important for purposes of infringement is their conduct.
If they are suddenly producing an amount of generic Vascepa that is greater than the Marine population / indication on monthly / annual basis what does that tell you? This population did not all of a sudden become bigger overnight. It's always existed. What has become larger is REDUCE-IT population. Producing an amount larger than the Marine Indication would suggest to me they are infringing on the REDUCE-It indication.
I imagine scripts going forward would tell the tale of the tape in terms of what is truly going on. In terms of infringement it's akin to what the late Supreme Court Justice Potter once said about porn: "I know it when I see it."
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