Zip, unfortunately marjac is undermined by the Standing side-step even where we applied applicable unrefuted precedent to reasonably, objectively, and irrefutably establish Standing.
Having said that, I do have it within my power to send a Demand Letter on behalf of shareholders to Amarin to file infringement suits against infringers, and then potentially launch infringement suits if they refuse to do so after their 90-Day plus investigative period. I would have to be provided with a comprehensive fact pattern narrative.
In terms of legal basis against the generics, Amarin is probably awaiting the results of their current Appeal against Hikma. In terms of legal basis against others such as insurance companies, the legal basis has its foundation in the decision denying Healthnet's Motion to Dismiss. It would be helpful to know the terms of the Healthnet settlement.
I will say that despite their multiple inexcusable legal mishaps, Amarin has not totally slept on the infringement issues, as evidenced by the Delaware case. It is fair to wonder why Amarin hasn't launch Healthnet copycat suits against others.
Stay tuned for a potentially reinvigorated marjac Amarin oriented docket coming this Fall.