IMO This ISN'T off label. Off-label is: "the use of pharmaceutical drugs for an unapproved indication or in an unapproved age group, dosage, or route of administration".
In our case there is an approved indication which ONLY marin owns.
Card...in the AZN vs. Apotex case...QUOTE from the court..."the court held that a manufacturer that intends to place a drug on the market knowing it will be used in an infringing manner by some consumers would be liable for inducing infringement, for which the appropriate remedy is an injunction. The court said it did not matter that the infringing use was mandated by FDA requirements, because the manufacturer had other options for avoiding inducement."
I believe this definitely applies to Amarin's Vascepa being used by Generics for the R-IT indications.