Hayward, The assessment of damages is not based on sales by Hikma. It's based on the revenue lost by Amarin.
True, but would be an interesting question of how that is determined. Just taking the pre generic to post generic revenue reduction is not valid as certainly the generic competition even in the non-infringing indication is real.
I imagine Amarin would argue the loss should be their hit prorated to relative size of the indications. This would be very substantial.
I imagine Hickma would argue it should Hickma's sales quantity of the infinging sales valued per AMRN's sales metrics. That would be fairly modest (though nothing to sneeze at).
Does the treble damage rule apply in a case such as this where the argument is not over the technical details of the infringement? I have no clue on that one.
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