Dar..."IF the Generics (Hikma or others) were found to be guilty of infringement"...That is the whole point in favor of a of a settlement prior to trial"...i.e. the word "IF"
I wrote a post arguing against John Thero settling with Hikma prior to the judge Du trial, because I was so convinced that Amarin would win...I learned a bitter lesson from that trial.
Going to court is like walking a mountain in the dark...you feel pretty safe, but you never know whether you might unexpectedly take a fall and break something.(e.g....your neck)
Dar...I think you are correct" The following statement should be in a decision by the court...either by a judge or by a jury in the context of a trial...
"the simple step that all generic Vascepa companies should take to avoid infringing... is to simply indicate on their label that..."icosapentethyl is biosimilar to Vascepa, but only for use in very high triglycideremia"...That easy solution would solve Amarin's infringement dispute as to Vascepa.
Hikma might agree to this to avoid triple damages and other infringers might also agree, in order to avoid damages emanating from their own cases.