True, but one great thing about this judge is that he seems to understand that a major wrong has occurred and that the courts and a jury can play a role in fixing it and perhaps sending a message to Congress and the health care industry.
My great criticism of the Judge Du ruling was that she saw a bunch of trees and didn't care about the forest. The Amarin lawyers were largely to blame for showing her lots of trees but never explaining why the company deserved to keep its patents.
But this judge in the infringement case seems to have a lot of experience with patent law and seems to understand that something very bad and wrong has happened to Amarin and that it's unlikely that Congress intended skinny labels to lead to this outcome.
My experience with judges tells me that, for the most part, they believe the courts play a role in fixing wrongs in society. And, when they see one, they do their job and let the wrong get exposed. And they ensure that the wrongdoers get punished. This is one of the joys of being a judge. Otherwise, these judges would return to private practice and make a lot more money.
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