Keeping the exclusive CVS contract presents significant exposure to Hikma re infringement. I’d doubt the CAFC would agree that the “balance” of Hatch Waxman allows Hikma take 100% of Amarin’s patented CV market. CAFC knows the game Hikma is playing. The court found there was no dispute that medical providers were infringing Amarin’s patents by using Hikma’s generic & there was no dispute regarding Hilma’s intent. Hikma also kept defending itself by saying there may be inferred infringement but they didn’t take an active step & any infringement is nothing to do with them.
Let’s hope we see some movement on the part of generics to limit or reduce their sales for the CV indication. I can only live in hope - but we’ve been screwed for so long by the justice system that we’re due a break and let fairness prevail.
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