For the ruling to be "Final" for purposes of Amarin being able to appeal the dismissal of Hikma, the entire case against Health Net must conclude, whether through trial, settlement, or motion practice.
Once that part of the case is concluded, the dismissal of Hikma is deemed Final for purposes of appeal, as all issues will have been resolved against all parties. Right now, all issues have not been resolved against all parties, because the Health Net part of the case is still being litigated.
The parties attempted to make the Hikma ruling Final by filing jointly to sever Hikma from the case, but Judge Andrews exercised his discretion by rejecting the joint request.
I hope this clarifies any questions that anybody has regarding the current procedural posture of the Delaware infringement case.
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