"the standard on a Motion to Dismiss strongly favors denying the Motion while allowing the case to proceed through discovery.."
I recall from FRCP that judges do permit a complaint to be amended to conform the complaint to evidence evolving out of discovery or produced at a trial.
Let's see what Hikma manages to create to answer this well-written Amarin brief. The attorney of record who signed the brief is a former technical advisor to a Chief Judge of the Federal Circuit. For that matter, so was the Magistrate Judge who authored the opinion in the Delaware trial