North Marjac The Delaware proceedings-I raise this question.and put very simply .. why now do Amarin not seek injunctive relief -???? the volume of generic sales has risen clearly above the 10 percent much referred to which was lost as to patent protection in the Du case -now it seems circa30 per cent and rising - by the time case heard could be near to all of USA market thus the 90 per cent of sales for cvd indication gone Ok if A wins treble damages - but a business destroyed- one could say the laying off of 300 reps clear evidence of that process - indeed is that the generics clear intent to destroy A business prior to outcome of case ??? I can understand why not sought in first instance until clear evidence of selling into cvd usage - that is clear now Injunction to stop generics selling into cvd market would prevent such Why do they not seek such ? In uk courts would be a no brainer Alm
North, When I typed second I meant second point. If this suit goes the distance patent validity will be determined. If the patents are invalidated in this case Amarin would not be able to object to an ANDA filing after exclusivity expires. If the patents are held to be valid, I don't think it can be litigated twice. Am I seeing this correctly? Thanks. Sleven,
North, I have a question. Patent validity is being contested in the current lawsuit. If Hikma files an ANDA in 2022 can patent validity be asserted in a separate suit. How does this work? Sleven,
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