I differ. I think this ruling enhances the motivation for Health Net to settle, though they likely will wait until the trial judge rules next year on the ground rules for a trial before settling. They probably think they can still get themselves dismissed as a defendant down the road, as this magistrate judge even suggested was possible.
First of all, a settlement would be carefully worded. Health Net would not have to rat out Hikma or turn against the generic company at all. What tier they put Hikma on and the wording they use regarding the generic in their promotional materials is separate from Hikma. It's all on them. And any settlement would include language basically saying Health Net does not admit any wrongdoing. But they'll also agree to make some changes to ensure there is no infringement. Everybody would be happy and Amarin's lawyers could wave the new rules in the face of any other insurance company that leaned toward infringement or favoring generics.
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