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marzan

03/31/26 10:30 AM

#447103 RE: Tseven #447101

That’s assuming the generics are operating in a vacuum—they’re not. If Amarin Corporation prevails on the legal front, the standard for inducement and enforcement becomes much clearer and much stricter in practice. At that point, it’s not just about one company—it’s about signaling across the entire generic landscape that crossing into the CV indication carries real legal risk.

And realistically, if a generic manufacturer knowingly allows—even indirectly—sales into the protected CV space, they’re exposing themselves to the same liability. Do you really think they’re going to push that boundary after seeing what happens to Hikma in a case like this? One prescription tied to the protected indication can open the door to enforcement. That risk alone changes behavior.

So no, it’s not just about cash damages—it’s about deterrence. A clear legal win forces generics to stay in their lane, and that’s where the real commercial impact comes from.
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rosemountbomber

03/31/26 11:49 AM

#447107 RE: Tseven #447101

Unless it was just consumption for the SC case, the Amarin brief basically gave the other Generics a get out of jail free card by stating that they never sued them because they did not do anything to cause the infringement. So they will just fill any void left by Hikma if they were to lose. I have only heard of one other eventuality that might accomplish eliminating all Generics and that would be if the label were invalidated as being a partial label, but honestly I am not betting any of my money on that, if and until, I see Amarin's lawyers pursuing that angle in the district court case.

Heck I am even one that worries that a new formulation does not even do that totally. I know I have been educated about the lower cost of API to Amarin for a one or two a day formulation, and how insurers will all cover the new formulation, and that there won't be patients, docs, and PBMs subbing with old IPE. But I am from Missouri and will have to see it before I totally believe it. What I do believe is the new formulation gives Amarin a better chance than just winning against one Generic company.

Really need to get Europe moving but no DTC so that does not seem to be in the cards, especially without Germany and France.