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ziploc_1

02/10/22 9:29 AM

#369620 RE: ggwpq #369614

ggw...I agree...This appeal is about a vital table cropping fraud that occurred in the ninth circuit case, which affected the Judge's decision...not about what is good for patients.

The present case is also not about mistakes that were made in Mori or Kura or the Graham principles...These might have been relevant in the past, but they are now part of ancient history.
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marjac

02/10/22 9:44 AM

#369624 RE: ggwpq #369614

Yes, I certainly do not want to get into a drug comparison, and I am pretty sure neither does the Panel. The point about the reduction in advertising and sales force, is highly relevant though, as it was raised in support of our "public health" significantly protectable interest in connection with our Rule 24 intervention motion.

The point does not get as much into a drug comparison, but as noted in the Aimed Alliance Amicus Brief which articulates the point perfectly, the generics can't advertise or market, so Vascepa and its benefits are stymied from being mass marketed to new doctors and patients.

Less marketing = Less doctors knowing about Vascepa and its benefits = Less doctors prescribing Vascepa = Less patients using Vascepa = More incidents of preventable CVD and other adverse health outcomes.