Following is an executive summary of a legal analysis on Case No.: 2:16-cv-02525-MMD-NJK by Medical Research Collaborative, LLC (“MRC,” “we,” “us,” etc.). We find that not only are the 10 asserted claims at trial both explicitly and inherently obvious, but further, that Amarin cannot demonstrate “by a preponderance of evidence” that Defendants’ ANDA labels “show intent to encourage” clinicians to infringe upon any of the asserted claims, and that in order for Judge Du to issue this ruling, it would require her to defy clear precedent in multiple Federal Circuit rulings (and/or inconceivably misunderstand their most apparent interpretation), as well as usurp well-established rules contained in the Code of Federal Regulations (“C.F.R.”)—in short, go rogue. Nothing revealed in the trial proceedings or in Amarin’s pre- or post-trial documents has altered our point of view. Thus, our odds of Amarin winning the litigation remain paltry (< 15%).
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Executive Summary of Legal Analysis on Amarin, et al. v. Hikma, et al.
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