Kiwi / marjac It’s an interesting point ... and I develop for the sake of being aware of what may be thrown at us!! a shareholder is not the company - shareholders have rights separate from the company itself Sometimes of course the company through its directors take actions which are quite at odds with the interests of shareholders - in the Uk the Companies Act sets out clearly all of these things - I am not sure what governs such matters in USA but I suspect there will be clear parallels There are times when shareholders can take action against the directors for their actions
So do a group of shareholders here have the ear of the court through Rule 24 application ..I am a little concerned in this sense ... this shareholders group is only recently and loosely formed - it has not entered into detailed communications with the company demanding Rule 60 application nor has it taken action to try and force the company by shareholders at company meetings for example - the group relies on the unanswered letter from one shareholder asking Amarin to take action - is this enough to argue before the court that this group of shareholders took all steps to demand the company act on Rule 60 but the company against the best interests of itsshareholders refused point blank to take any such action and thus the group has no alternative and given the time frames but to bring this action independently of the company ??
I can see some such being put forward
Or -does any of that matter and any party /shareholder can have a go at mixing it in a patent case ?? Marjac is very confident and rightly so he has researched this in detail But we are as well to always explore what might be coming our way Alm
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