Trial Date of Q4 2023 in Proposed Scheduling Order in Vascepa Litigation

Updated: Apr 25

The parties filed their proposed scheduling order (attached) yesterday in AMRN's patent infringement case against Hikma and Health Net. Hikma is the generic drug company that is selling its FDA-approved icosapent ethyl (generic Vascepa™), and Health Net is a health insurance company that is accused by AMRN of inducing infringement of certain patents that cover the use of Vascepa™, by diverting prescriptions for Vascepa™ to Hikma's generic version*. Two key dates in patent trials are the claim construction hearing ("Markman Hearing") and of course, the trial date. In the proposed scheduling order the claim construction hearing would be held on a date around the week of March 14, 2022, depending on the judge's availability. The trial would be held on a date after October 10, 2023 and likely in November or December of 2023, depending on the judge's availability.


It is noteworthy that there is a dispute between AMRN and Health Net regarding scheduling. Health Net has Motions currently pending to either dismiss their case altogether, or sever their case from the case against Hikma. As a reminder there is a hearing on all pending Motions scheduled for May 26, 2021 (See IQ Card for this litigation). In the proposed scheduling order, Health Net proposes that "[a]ll pretrial and trial deadlines concerning Plaintiff's claims against Health Net to be set following determination of the claims asserted against Hikma".


To get an experienced U.S. biotech patent attorney's (BPIQ co-founder Manny Vacchiano, JD, PhD) view of the significance of the scheduling dispute with Health Net, and how the relatively long timing of the case might benefit AMRN, check out this forum post, after signing up for a free 30-day subscription (no credit card) on BPIQ.com. Just follow the links on the home page to the basic BPIQ.com subscription. You will have access to our AMRN litigation IQ card with updated details regarding the litigation, and Dr. Vacchiano's periodic commentary on the litigation as it unfolds. Check out Dr. Vacchiano's initial video presentation to help lay investors understand how this AMRN patent litigation is different than the first AMRN v. generics patent litigation. Get introductory pricing for our BPIQ.com subscription, while we still offer it.