Replies to post #364610 on Amarin Corp Plc (AMRN)

[north40000]

Good question. Because Amarin did not raise or argue the mistake, inequitable conduct or fraud issues in the original Amarin v. Hikma et al. litigation, collateral estoppel might prevent any appeal by Amarin from an adverse decision in the present case in which it has not participated as a party to the litigation.

Do not take the above answer as conclusive—I have done no research on the hypothetical, complex issue you raise.

[Birdbrain Ideas]

Oh yeah, I've seen cases bounce between the lower courts and the appeals courts four or five times before things get resolved. Some cases I've observed have literally taken over a decade.

Usually, there are offshoots and side disputes that keep bringing the appeals courts back to the table, but lawyers can string things along forever. That's why the generics aren't too worried.

Look at the fall 2023 trial date in the lawsuit against Hikma and Health Net. The lawyers know that a trial, if it ever occurs, will likely be pushed off to 2024. And any outcome will still be facing appeals in 2025 or 2026. And, if it looks like the odds are stacking up against them, Hikma and Health Net know they can always settle.

And any settlement would probably be less about the money and more about the ground rules going forward.