North, you are exactly right., But we are now almost 4 years on in this case. So it may lead Sarissa to question the potential value in launching another lawsuit.
GSK got nowhere in their infringement case against Teva until it got to a jury trial. There were a lot of experts surprised by the Du ruling. Amarin ran into "stare decisis" on appeals where innate laziness quickly leads to "adhere to precedent" in making their decisions. Jury Trials will look for justice and take the time for a serious investigation of the facts.
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