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Webster_iam

09/15/21 12:54 PM

#354548 RE: sstyles #354541

Great point Sstyles.
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Birdbrain Ideas

09/15/21 1:03 PM

#354553 RE: sstyles #354541

I haven't read all the court papers in the infringement case, but it might be very different from the GSK-Teva case as far as the likely potential exposure Hikma would have to damages.

I think part of Amarin's contention is that Hikma induced infringement with its initial press releases and such. But then Hikma supposedly changed its public materials or withdrew some of its releases. Of course that's exactly what a guilty entity would do! I don't know if that would allow a jury to conclude that every dollar Hikma made since it was permitted to sell generic Vascepa is subject to a jury award of triple damages or just money made during a narrower period. I'm not a lawyer.

And Dr. Reddys hasn't been sued so far.

The actions Hikma has taken in the market for Vascepa does not show any hesitancy since the Federal Circuit ruling so clearly the company does not believe its exposure warrants shutting down sales.