Amarin - The Science Of Lipid Therapy (Seite 85)
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Antwort auf Beitrag Nr.: 63.656.350 von Magnetfeldfredy am 13.05.20 08:30:28"Methodische" Fehler - einverstanden, aber wie kommst Du auf "Vorsatz"?
Weißt Du, wo kann man Singers "masterpiece" einsehen kann?
Weißt Du, wo kann man Singers "masterpiece" einsehen kann?
Der Appeal von Amarin ist da, es wurden vorsätzliche Fehler gemacht, kurze Zusammenfassung:
Robust ..... Holistic ..... Hindsight!!!!!
We have a new favorite Amarin word, hindsight. No other word so perfectly addresses the anguish, disgust, contempt, and disbelief experienced by Amarin longs over the past six weeks since the Du-debacle. The lower court had a duty as a matter of law to not use hindsight, yet that is precisely what she inexcusably did in ruling so monstrously.
My favorite part of Singer's masterpiece is at pages 46-47, where he lays out the concepts that must be rigorously applied to avoid hindsight based obviousness analysis, and then slams the learned jurist in a sneering, contemptuous, but poetically beautiful way, "The district court's analysis of both these concepts was anything but rigorous." Boom!
Right below that, Singer goes for the jugular with the argument that I thought was the low-hanging fruit, namely that there is no way that any reasonable, objective person, much less an experienced judge, could rationally conclude that the generics met their elevated burden of proving obviousness by clear and convincing evidence. (clear and convincing evidence in bold)
"The problem for Defendants, and the district court, is that there is nowhere near enough evidence in the record to meet that high burden, and the district court legally erred in concluding otherwise. Indeed, the only way the district court reached its conclusion was through legal and factual error that ignored the critical teachings in the art ....."
Nailed it. Could not have said it better myself. This is the most direct reason why this appeal should be won.
At first glance, my only issue with the Brief, is cosmetic. For some unbeknownst reason, the top patent lawyer in the country, working for a big sophisticated law firm, inexplicably formatted the Brief with a left justification instead of a full justification.
To someone like myself who writes Briefs for a living, this is a sloppy eyesore, but this cosmetic issue should not detract from the most important part, namely that the substance has been brilliantly and persuasively articulated.
Robust ..... Holistic ..... Hindsight!!!!!
We have a new favorite Amarin word, hindsight. No other word so perfectly addresses the anguish, disgust, contempt, and disbelief experienced by Amarin longs over the past six weeks since the Du-debacle. The lower court had a duty as a matter of law to not use hindsight, yet that is precisely what she inexcusably did in ruling so monstrously.
My favorite part of Singer's masterpiece is at pages 46-47, where he lays out the concepts that must be rigorously applied to avoid hindsight based obviousness analysis, and then slams the learned jurist in a sneering, contemptuous, but poetically beautiful way, "The district court's analysis of both these concepts was anything but rigorous." Boom!
Right below that, Singer goes for the jugular with the argument that I thought was the low-hanging fruit, namely that there is no way that any reasonable, objective person, much less an experienced judge, could rationally conclude that the generics met their elevated burden of proving obviousness by clear and convincing evidence. (clear and convincing evidence in bold)
"The problem for Defendants, and the district court, is that there is nowhere near enough evidence in the record to meet that high burden, and the district court legally erred in concluding otherwise. Indeed, the only way the district court reached its conclusion was through legal and factual error that ignored the critical teachings in the art ....."
Nailed it. Could not have said it better myself. This is the most direct reason why this appeal should be won.
At first glance, my only issue with the Brief, is cosmetic. For some unbeknownst reason, the top patent lawyer in the country, working for a big sophisticated law firm, inexplicably formatted the Brief with a left justification instead of a full justification.
To someone like myself who writes Briefs for a living, this is a sloppy eyesore, but this cosmetic issue should not detract from the most important part, namely that the substance has been brilliantly and persuasively articulated.
Antwort auf Beitrag Nr.: 63.613.938 von Magnetfeldfredy am 08.05.20 21:44:26The development of new drugs is expensive and takes many years. Developers must be able to rely on properly granted patents from the United States Patent Office.
Danke Fredy, genau meine Meinung. Wenn es obvious ist, dass ein vom Patent Office erteiltes Patent (in diesem Fall sogar mehrere!) ungültig ist, da obvious, dann ist die Unsinnigkeit eines Patent Offices auch obvious ...
Von daher sehe ich mehr als gute Chancen, dass dem appeal stattgegeben wird.
Danke Fredy, genau meine Meinung. Wenn es obvious ist, dass ein vom Patent Office erteiltes Patent (in diesem Fall sogar mehrere!) ungültig ist, da obvious, dann ist die Unsinnigkeit eines Patent Offices auch obvious ...
Von daher sehe ich mehr als gute Chancen, dass dem appeal stattgegeben wird.
Why an Appeals Court May Hold Key to Amarin Stock Future
Carla Baranauckas
May 8, 2020 2:02 pm
Last Updated: May 8, 2020 2:07 pm
Amarin Corp. PLC (NASDAQ: AMRN) plans to mount a vigorous and speedy appeal of a U.S. District Court ruling that blocked its patents on the medication Vascepa, the company’s chief executive says.
In a conference call last week about first-quarter earnings, president and CEO John Thero said Amarin had filed a notice of appeal. It will submit legal briefs next week.
01:25 / 01:25
00:00
Vascepa is a synthetic formulation of fish oil. It is prescribed to help reduce the risk of heart attack and stroke in patients with cardiovascular disease or diabetes. When used in conjunction with a low-fat, low-cholesterol diet, it can help reduce high triglyceride levels, Amarin says.
Amarin holds six patents on Vascepa, which delivers high doses of omega-3 fatty acids. The company has put most of its muscle behind this one drug and it appeared to have limited competition. Acasti Pharma Inc. (NASDAQ: ACST) and AstraZeneca PLC (NYSE: AZN) invested millions of dollars trying to develop drugs that could take market share from Amarin. Neither was successful.
‘Invalid as Obvious’
Generic competitors Dr. Reddy’s Laboratories Inc. (NYSE: RDY) and Hikma Pharmaceuticals notified the Food and Drug Administration of their intent to develop generic alternatives. Amarin then filed suit in U.S. District Court in Nevada claiming patent infringement.
Chief Judge Miranda Du ruled on March 30 that the drugmakers would be infringing on Amarin’s claims in its patents if they brought generic drugs to market but that those claims were “invalid as obvious” and should not have been granted by the U.S. Patent Office.
“We are convinced that the invention of Vascepa was not obvious,” Thero insisted on April 30. He said that Amarin’s competitors were benefiting from hindsight.
“It remains astonishing that the invention of Vascepa can now be seen as obvious by everyone,” Thero said. “During our more than 10 years of developing and testing Vascepa, this was not obvious to our competitors or others in the industry. I appreciate that the elegance of our solution seems obvious after the fact. However, this is often due to the nature of innovation.”
Amarin and the defendants have agreed to expedite the appeal, Thero said. Arguments may be heard as early as the first week of September or October.
The company is bolstering its legal team by bringing in high-power attorney Jonathan Singer of Fish & Richardson as lead counsel. Singer heads the life sciences practice for the law firm, which is a leader in patent infringement litigation.
He successfully argued an appeal for Cephalon Inc. to protect its patent on Amrix, a muscle relaxant. A lower court had deemed it “obvious.” Cephalon is now part of Teva Pharmaceutical Industries Ltd. (NYSE: TEVA).
Potential Major Impact for Drug Industry
Thero said the Vascepa case had the potential to have a major impact on the pharmaceutical industry.
If the district court’s decision in the appeal process is not overturned, undermining the local Vascepa patent will prevent companies from taking the risk of developing future innovative therapies to meet unmet medical needs.
The development of new drugs is expensive and takes many years. Developers must be able to rely on properly granted patents from the United States Patent Office. A precedent in which patents are revoked in circumstances such as ours will keep developers from taking such risks for fear that they will not be able to cover their costs or benefit from their risks.
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Amarin has made a significant investment in Vascepa and has doubled its sales force to 800, Thero said. It is also investigating whether the drug can reduce the cardiovascular risks associated with COVID-19.
The litigation has been a drag on Amarin’s share price. The stock fell to a 52-week low of $3.95 on March 31, the day after the district court ruling. It’s 52-week high had been near $25 anticipating FDA approval of Vascepa, which came in December. In today’s trading, Amarin was up about 3% at midday at $7.76.
Carla Baranauckas
May 8, 2020 2:02 pm
Last Updated: May 8, 2020 2:07 pm
Amarin Corp. PLC (NASDAQ: AMRN) plans to mount a vigorous and speedy appeal of a U.S. District Court ruling that blocked its patents on the medication Vascepa, the company’s chief executive says.
In a conference call last week about first-quarter earnings, president and CEO John Thero said Amarin had filed a notice of appeal. It will submit legal briefs next week.
01:25 / 01:25
00:00
Vascepa is a synthetic formulation of fish oil. It is prescribed to help reduce the risk of heart attack and stroke in patients with cardiovascular disease or diabetes. When used in conjunction with a low-fat, low-cholesterol diet, it can help reduce high triglyceride levels, Amarin says.
Amarin holds six patents on Vascepa, which delivers high doses of omega-3 fatty acids. The company has put most of its muscle behind this one drug and it appeared to have limited competition. Acasti Pharma Inc. (NASDAQ: ACST) and AstraZeneca PLC (NYSE: AZN) invested millions of dollars trying to develop drugs that could take market share from Amarin. Neither was successful.
‘Invalid as Obvious’
Generic competitors Dr. Reddy’s Laboratories Inc. (NYSE: RDY) and Hikma Pharmaceuticals notified the Food and Drug Administration of their intent to develop generic alternatives. Amarin then filed suit in U.S. District Court in Nevada claiming patent infringement.
Chief Judge Miranda Du ruled on March 30 that the drugmakers would be infringing on Amarin’s claims in its patents if they brought generic drugs to market but that those claims were “invalid as obvious” and should not have been granted by the U.S. Patent Office.
“We are convinced that the invention of Vascepa was not obvious,” Thero insisted on April 30. He said that Amarin’s competitors were benefiting from hindsight.
“It remains astonishing that the invention of Vascepa can now be seen as obvious by everyone,” Thero said. “During our more than 10 years of developing and testing Vascepa, this was not obvious to our competitors or others in the industry. I appreciate that the elegance of our solution seems obvious after the fact. However, this is often due to the nature of innovation.”
Amarin and the defendants have agreed to expedite the appeal, Thero said. Arguments may be heard as early as the first week of September or October.
The company is bolstering its legal team by bringing in high-power attorney Jonathan Singer of Fish & Richardson as lead counsel. Singer heads the life sciences practice for the law firm, which is a leader in patent infringement litigation.
He successfully argued an appeal for Cephalon Inc. to protect its patent on Amrix, a muscle relaxant. A lower court had deemed it “obvious.” Cephalon is now part of Teva Pharmaceutical Industries Ltd. (NYSE: TEVA).
Potential Major Impact for Drug Industry
Thero said the Vascepa case had the potential to have a major impact on the pharmaceutical industry.
If the district court’s decision in the appeal process is not overturned, undermining the local Vascepa patent will prevent companies from taking the risk of developing future innovative therapies to meet unmet medical needs.
The development of new drugs is expensive and takes many years. Developers must be able to rely on properly granted patents from the United States Patent Office. A precedent in which patents are revoked in circumstances such as ours will keep developers from taking such risks for fear that they will not be able to cover their costs or benefit from their risks.
24/7 Wall St.
Why Partial Reopenings Are Set to Boost Disney Stock
Amarin has made a significant investment in Vascepa and has doubled its sales force to 800, Thero said. It is also investigating whether the drug can reduce the cardiovascular risks associated with COVID-19.
The litigation has been a drag on Amarin’s share price. The stock fell to a 52-week low of $3.95 on March 31, the day after the district court ruling. It’s 52-week high had been near $25 anticipating FDA approval of Vascepa, which came in December. In today’s trading, Amarin was up about 3% at midday at $7.76.
Trading Spotlight
Antwort auf Beitrag Nr.: 63.582.237 von tippse am 06.05.20 16:00:00Das passt von Dir, jedoch musst Du die Übernahmeprovision addieren, dann könnte das hinkommen!
Jedoch müssen wir zurvor den Appeal gewinnen ansonsten gehe ich von der Hälfte aus,
ca. US Dollar 15!
Die Richterin hat meiner Meinung nach Unrecht gesprochen und Amarin samt Aktionäre an die Wand gedrückt, jedoch wird das nicht lange währen, es geht um zu viel, welche Pharmafirma würde noch für Milliarden forschen und entwickeln wenn eine Richterin gewährte Patente aufhebt, die Weiterentwicklung nicht berücksichtigt......
Traurig aber wahr, wir haben eine Schlacht verloren, aber noch nicht den Krieg!
Jedoch müssen wir zurvor den Appeal gewinnen ansonsten gehe ich von der Hälfte aus,
ca. US Dollar 15!
Die Richterin hat meiner Meinung nach Unrecht gesprochen und Amarin samt Aktionäre an die Wand gedrückt, jedoch wird das nicht lange währen, es geht um zu viel, welche Pharmafirma würde noch für Milliarden forschen und entwickeln wenn eine Richterin gewährte Patente aufhebt, die Weiterentwicklung nicht berücksichtigt......
Traurig aber wahr, wir haben eine Schlacht verloren, aber noch nicht den Krieg!
Antwort auf Beitrag Nr.: 63.555.807 von Magnetfeldfredy am 04.05.20 15:13:04
Unseriös, da sich ein Kursziel immer auf einen Zeitraum von 12 Monaten bezieht.
Rein rechnerisch (Bierdeckel) ginge es so:
KZ 31
KGV 20 = 1,50$ eps * 350 Mio shares = 500 Mio EBIT
500 Mio EBIT + 500 Mio SGA + 500 Mio Tax = 1,5 Mrd.
Grossprofit 80% => 1,8 bis 2 Mrd$ Umsatz
Dieses Jahr wahrscheinlich 650 Mio Umsatz ...
Mit Canada und Europa in 2023 denkbar ... vorher nicht!
Asien und ROW kenne ich den Stand der Planungen nicht...
Zitat von Magnetfeldfredy: The analyst keeps a Buy rating on the name with a $31 price target
Unseriös, da sich ein Kursziel immer auf einen Zeitraum von 12 Monaten bezieht.
Rein rechnerisch (Bierdeckel) ginge es so:
KZ 31
KGV 20 = 1,50$ eps * 350 Mio shares = 500 Mio EBIT
500 Mio EBIT + 500 Mio SGA + 500 Mio Tax = 1,5 Mrd.
Grossprofit 80% => 1,8 bis 2 Mrd$ Umsatz
Dieses Jahr wahrscheinlich 650 Mio Umsatz ...
Mit Canada und Europa in 2023 denkbar ... vorher nicht!
Asien und ROW kenne ich den Stand der Planungen nicht...
Roth Capital sieht Amarin als strong buy mit Kursziel US Dollar 31:
Amarin a 'strong buy' ahead of federal circuit ruling, says Roth Capital Roth Capital analyst Yasmeen Rahimi sees COVID-19 disruptions as only a "minor distraction" from Amarin's continued commercial rollout of Vascepa. Although the pandemic has made it difficult for the company to fully take advantage of its sales expansion started in 2019, Amarin has taken innovative steps to keep interactions between sales reps and doctors, Rahimi tells investors in a research note. Further, the analyst notes that Amarin bumped up the timeline for a Vascepa appeals decision, with a hearing as early as Q3 and ruling thereafter by the end of 2020 or early 2021. With an expedited timeframe for its appeal, Amarin is a "strong buy" ahead of a potential federal circuit ruling, contends Rahimi. Following a deep dive with a "patent law guru," the analyst sees a high probability of success for the company on appeal. Alongside the "strategic optionality" being explored for Vascepa commercialization in Europe and a "strong resiliency" in the COVID crisis, Amarin shares offer "significant upside" potential for 2020, says Rahimi. The analyst keeps a Buy rating on the name with a $31 price target.
The stock closed Friday at $7.34.
Read more at:
https://thefly.com/landingPageNews.php?id=3084953
Amarin a 'strong buy' ahead of federal circuit ruling, says Roth Capital Roth Capital analyst Yasmeen Rahimi sees COVID-19 disruptions as only a "minor distraction" from Amarin's continued commercial rollout of Vascepa. Although the pandemic has made it difficult for the company to fully take advantage of its sales expansion started in 2019, Amarin has taken innovative steps to keep interactions between sales reps and doctors, Rahimi tells investors in a research note. Further, the analyst notes that Amarin bumped up the timeline for a Vascepa appeals decision, with a hearing as early as Q3 and ruling thereafter by the end of 2020 or early 2021. With an expedited timeframe for its appeal, Amarin is a "strong buy" ahead of a potential federal circuit ruling, contends Rahimi. Following a deep dive with a "patent law guru," the analyst sees a high probability of success for the company on appeal. Alongside the "strategic optionality" being explored for Vascepa commercialization in Europe and a "strong resiliency" in the COVID crisis, Amarin shares offer "significant upside" potential for 2020, says Rahimi. The analyst keeps a Buy rating on the name with a $31 price target.
The stock closed Friday at $7.34.Read more at:
https://thefly.com/landingPageNews.php?id=3084953
Die Anal -ysten erhöhen das Kursziel von US Dollar 6 auf US Dollar 12, es scheint als ob sich die Klienten eingedeckt haben und Kurs steigen darf, Dreckspack:
Citi doubles Amarin price target to $12 ahead of appeal decision Citi analyst Joel Beatty doubled the firm's price target on Amarin to $12 from $6 and keeps a Buy rating on the shares. The stock closed Thursday down 65c to $7.61. Beatty sees a "relatively high likelihood" of share upside from a European partnership in the second half of 2020, and also believes competitors are unlikely to launch a generic version of Vascepa before the appeal decision expected by the end of the year. While acknowledging a high risk to the stock from the appeal decision, he believes his 20%-40% probability of success on appeal for Amarin still provides a "favorable enough risk/reward" to buy the stock at the current price. Shares of Amarin are worth $24 on an appeal win, and $7 on a loss, Beatty tells investors in a research note.
Read more at:
https://thefly.com/landingPageNews.php?id=3083795
Citi doubles Amarin price target to $12 ahead of appeal decision Citi analyst Joel Beatty doubled the firm's price target on Amarin to $12 from $6 and keeps a Buy rating on the shares. The stock closed Thursday down 65c to $7.61. Beatty sees a "relatively high likelihood" of share upside from a European partnership in the second half of 2020, and also believes competitors are unlikely to launch a generic version of Vascepa before the appeal decision expected by the end of the year. While acknowledging a high risk to the stock from the appeal decision, he believes his 20%-40% probability of success on appeal for Amarin still provides a "favorable enough risk/reward" to buy the stock at the current price. Shares of Amarin are worth $24 on an appeal win, and $7 on a loss, Beatty tells investors in a research note.
Read more at:
https://thefly.com/landingPageNews.php?id=3083795
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Amarin - The Science Of Lipid Therapy
