Replies to post #405958 on Amarin Corp Plc (AMRN)

[Birdbrain Ideas]

I'm not surprised that your legal analysis sounds spot on, since you are essentially this message board's counsel in residence. So thanks for that.

I do hope Amarin vigorously pursues the appeal of Hikma being knocked out of the infringement lawsuit by the district judge in Delaware. I think that's the company's best avenue to recoup some of the damage done by Judge Du. It also helps that the magistrate judge ruled the other way in what seemed like a sound legal analysis. Just as it helps to have multiple judges in disagreement in any appeal, it should carry some weight that the magistrate judge saw it differently. And for good reason, as we all know. And even the district judge during oral arguments acknowledged that somebody had to be to blame for all the prescriptions being written now that seem to violate the heart indication Amarin earned from the FDA in early 2020.

Besides an opportunity to slow or stop the rampant violation of its patents, Amarin has a shot at a little revenge against Hikma if it can have the lawsuit restored.

[Bouf]

One of the biggest challenges for lawyers who litigate cases in court is to help clients separate their emotions about a dispute from the question of what is in their best interest from a business standpoint.

Totally understandable why many on the board wish to litigate on to right what was a huge wrong and huge loss in the patent case.

I’m just trying to point out the reality that our system of justice gives all parties one chance to litigate your dispute through trial and appeal, and after that the avenues for continuing are hugely limited, or practically speaking, non-existent.

So even if AMRN technically could invoke Rule 60, it is not necessarily in shareholder interest to do so. The company has to make sales, period. Litigation is ALWAYS very expensive and never certain. It should not spend the company’s limited resources on an effort that has very very very very low chances of success.

Put the money into sales efforts, not titling at windmills.

B