Replies to post #447719 on Amarin Corp Plc (AMRN)

[Birdbrain Ideas]

Kavanaugh should go drink another beer. The question of what percentage of sales can be attributed to Hikma's actions is something for a jury to determine, not the Supreme Court. Just because the practices of pharmacies, insurance companies and doctors influence whether a generic is used doesn't absolve the company that infringed patents from liability. A jury might find that Hikma is responsible for 2 percent or 5 percent of Amarin's sales loss rather than a much larger proportion because of these other influences and thus the penalty against them would be much smaller than their "sky is falling" argument would suggest. The idea that Alito and Barrett would join a 9-0 majority against Amarin when they both seemed to wonder why the high court even took up the case rather than let it play out seems absurd.

[TastyTheElf]

It's almost as if the guy didn't understand that the case was in the pleading stage.

Do we really think that SCOTUS is going to redo the factual assessment of the pleadings that the Fed Circuit did, with pretty much everyone conceding that the "Twiqbal" standard is fine and that this is just a plain vanilla, fact-bound Rule 12(b)(6) matter? 3-0 it cleared the Fed Circuit bar to survive dismissal.

[TSS-TheSlominShield]

Professor Mann’s argument seems to be based on two fundamental premises:
1) his impressive credentials enable him to read the minds of the justices
2) Hikma’s aggressive marketing of its “generic version of VASCEPA” is analogous to an internet service provider’s (Cox Communications) failure to police its platform for infringement of SONY’s copyrights.
Professor surely knows infinitely more about patent law than I do but I will wager that this particular blog does not age well.