As someone who believes the courts usually eventually get things right, I must say I was surprised at the dismissive attitude taken by the Federal Circuit. The next-day rejection and the "why are you even here" attitude of the judges during oral arguments toward Amarin almost made it seem personal in some weird way. Though Amarin calls itself an Irish company, I think it is registered in the U.K. and almost all of its employees and operations are in the United States and, I'd imagine, almost all of its shareholders. The lower-court ruling crippled what is essentially an American business, jeopardizing hundreds of U.S. jobs in the middle of a pandemic and causing billions of dollars in losses for shareholders, many of whom are U.S. medical professionals who entrusted a chunk of their life savings to Amarin because of their belief in Vascepa's life-saving qualities. Nice slap in the face to U.S. medical professionals literally right as they were being told to march to the front lines in the fight against COVID.
The lower-court ruling essentially allowed some foreign generic producers to steal billions of dollars in revenue from a company that was forced into a six-year, half-billion-dollar trial of thousands of people worldwide precisely because the FDA and the medical community refused to accept that Amarin's shocking positive results in trials leading to its initial FDA approval were real. If that doesn't dispel the notion that the chemical makeup of Vascepa was "obvious," I don't know what could.
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