Replies to post #420926 on Amarin Corp Plc (AMRN)

[rosemountbomber]

What happened afterwards was all on Amarin.

Nuke I have to be careful because I have been admonished not to talk about it, but although I totally agree with your statement above I would want to add that some of what happened before and during was also on Amarin.

Funny story. When I read your prior post about the Supreme Court and some of the things it is charged with doing, as you wrote them down. One thing was "determine if laws are constitutional". Well I grew up in another country (although I must say we took more American History than any other in school) and I guess pretty naive. But when I was a kid I couldn't understand why when Congress passes a new law, that it didn't go directly to the SC for them to review and pronounce whether it was constitutional or not. I mean, now an unconstitutional law can exist, affect millions of people, and doesn't get corrected unless and until someone brings it up in a court case that goes all the way up to the SC. That could be years, decades, or never. But like I said, I was pretty naive back then. I guess I am just jaded now.

[Bouf]

N—sorry about the Trump Q, out of line there. SCOTUS had no reason to touch this case. It had no national legal implications, and the court does not take business cases that don’t raise important federal legal Qs. The obviousness issue for Amarin was mostly a factual question, not a legal one with the standard for obviousness not really in play. Another reason SCOTUS review was not very likely.

The big mistake was hubris of former mgmt taking this bet the company case to trial before this judge, with no plan B if they were to lose. The HW law is tilted in favor of generics, and the current conditions of high drug prices influence some judges to apply the law to make patent protection harder to retain. This was always a risk, despite the solid evidence that the AMRN indication was not obvious at the time. With 20-20 hindsight, the risks were too great to allow the decision to be made by the judge, who like most decent judges, was smart enough to write the decision so that it would be hard to overturn. Very bad business decision to not settle and eliminate the big risk. SCOTUS review was always a moonshot chance only.

B

[Meowza]

Bouf: My vote is my

Then shut the fuck up about politics.