Judge Andrew’s also went against the Magistrate judge and granted Hikma’s motion to dismiss. And for his efforts got destroyed at the Fed Circuit - overturning his opinion 3-0.
While it’ll be a jury trial Judge Andrew’s will manage the trial process, opine on procedural & evidentiary matters & give instructions to the jury. One would hope, maybe expect, that he took a dose of humility with his Magistrate getting it right & Fed Circuit overturning his judgment and now accepts that Amarin actually has a case and won’t be biased against us.
However while Amarin essentially declared in their reply brief that they have all the evidence to prove infringement, we shouldn’t get over our skis. Judge Andrew’s could screw is again. The trial has to play out and at this moment the probability is in our favour, but nothing is guaranteed.
It reminds me about the schoolboy antics of Hikmas clarification letter. We could easily respond stating that the Magistrate, who oversaw the evidence and pleadings in the District court, dismissed Hikma’s motion to dismiss and let the case proceed. But we wouldn’t embarrass ourselves in front of the SC. Also notable is that Hikma didn’t dispute or strenuously deny Amarins claim of significant evidence of infringement (the crux of the case against them) yet felt obliged to submit a letter about a technical clarification.
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