You know I could buy that argument if they did not promote or collude to sell into the R-I indication either through their label or in discussions with docs or insurers.
But I have another thought. They actually sued Amarin for the right to sell into the Marine indication. They won that right but we instructed by the judge that selling into the R-I population would be infringement. So they wanted to sell to Marine and they were put on notice so maybe the onus is on them to do more to take care not to infringe.