Well yes. The judge could eventually reject it again, but not before Amarin is allowed to gather and present evidence to support its claims. It also puts Hikma in a scary situation in which it has to contemplate the possibility that this makes it to trial. If that happened, it could cost the company a lot of money over a drug that ended up providing disappointing sales because Amarin stopped promoting it in the United States as soon as generics were allowed into the market. And if Hikma believes what its lawyer said in court today -- that losing this case would virtually eliminate the value of the skinny label -- Hikma will be under a lot of pressure, not just internally but from other generic companies, to find a way out of this without creating a legal precedent that wrecks its ability to sell other, more valuable, drugs.
While Hikma is fighting this out, it may realize that its Judge Du-enhanced knockout punch to Amarin in March 2020 destroyed its own future profits. If it had allowed Amarin to spend tens of millions of dollars educating doctors and growing the market with patent protection, it could have entered a $1 billion to $2 billion Vascepa market in five years and made a couple hundred million dollars a year selling the generic version of Vascepa. But it got piggy! So now it faces the real prospect of being slaughtered.
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