STS- I was being sarcastic about their legal successes.
My comments were a total out of the box hypothetical. I do not have any medical industry experience or a legal background, but I keep thinking about how Amarin gets through the minefield.
With respect to your "abandonment" comment, if Amarin argued that the infringements made it financially impossible to make a profit, is there a legal claim to be made? Can you be forced to protect your patents by losing money when the market you have exclusivity on is being poached? Would it defeat any claim that they are 'cornering" the supply? Many people have opined the US market is done/lost. I take no position on that, but if it were to be the case, does Amarin have a better chance of making money marketing the drug or suing to protect what they should have been entitled to? Was the Hatch/Waxman legislation approved so a generic can underprice a branded drug by 8-10%? That doesn't seem like that was their intent.
My initial post stated the absurdity of pulling the drug from the market to gain a potential legal edge or put more pressure on the generics. But does the strategy have some merit? I was curious how some others might view it.
I am very long the stock and loaded with options. My hope is based on the impact this drug has on people and this major medical advancement will ultimately see the light of day.
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