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marjac

02/01/22 8:21 PM

#368436 RE: Realcool11 #368434

In the Nevada case, Judge Du ruled that the generics would infringe on the Marine patents moving forward (they had not yet began selling generic Vascepa). But there was no actionable infringement because the patents were ruled invalid on grounds of obviousness.

Here, Amarin has survived a Motion to Dismiss as to ongoing infringement. Healthnet now is asking for two things: (1) a Declaration that they are not infringing; and (2) even if they are infringing, a Declaration that the patents are invalid.