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Why not just say "board friends"?
:-|
Amarin wanting to settle depends on what generics were willing to offer. I cannot state that any more simply.
It doubled between Duumsday and today's open.
No blame--No duh? Until we know if/how much generics offered for settlement? You'd still blame JT in a vacuum? Hello?
Because V has so much potential applicability (NASH, diabetes, cancer, and some virus thingy going around lately... think it was RSV or something), I could believe in a new indication trialed, endpoints met, and further exclusivity granted every few years well beyond 2030.
As an Amarin long, it pains me to admit I like JT all the more for calling H & R's bluff and force feeding those litigation vultures their own generic margins.
The blame for all of this is not John. It is Judge Miranda.
I'm sure tomorrow's presentation will be robust.
Seems background matters until we get to you and yours.
Anyways, your daughter makes a valid point about questions of law and questions of fact. In Amarin's situation, while the questions of law benefits from an easier standard, the sheer magnitude of Judge Du's error of fact is less debatable here and contravenes conclusions from 2 separate federal agencies.
Maybe Covington?
Fool me 967,519,497 times, shame on you. Fool me 967,519,498 times and hoo boy mister, you better watch it.
Rebutting recent post re: legal POSA and obviousness:
It was asserted under "just right" circumstances, a single sentence buried in a lengthy journal article and unsupported by any evidence could support obviousness in a court of law. That isn't how a POSA would actually operate. An article author doesn't get to pull stuff out of you-know-where and get credit for being predictive, or several of my uncles would be far more successful scientists.
So sure, some jurisdictions are cursed with the above standard of analysis. But generally if a judge wants to put themselves in the shoes of a POSA, they should still actually go through the effort.
Of course anyone could methyl. If data was good.
Generally if someone is experiencing dyslipidemia, I wouldn't load them with methyl esters.
This. Shutting down the economy over a bad flu or RSV season would be more justified than this.
Covid most affects the lungs and heart. "Non-essential" businesses have been shuttered. We might as well be shutting down the economy in order to keep selling and using cigarettes.
Sure, several roles even. Just not the role needed to correctly analyze Amarin's patents, or possibly manage their boss.
One would think judicial oversight of a federal agency is a good thing. And it is. The problem is a judge, high on a recent promotion to Chief Judge, applying a coarser analysis than the USPTO, decided she knew better than USPTO. And she didn't seem to care about real world impact of her decision. It's especially problematic her legal clerk(s) didn't seem to help, or she just told them to contrive an analysis of obviousness.
A lot of the second
His bear bias was tame enough imho until the end, when he tries to characterize the appeal by generalizing Judge Du's reversal rate and professional background. Instead of looking at her opinion as written.
Giving his article a second pass, I notice his neglecting Amarin's operational advantages and combo candidates. All of this is baffling given his self-styled emphasis on strategy. He should know strategy doesn't divorce from these finer details just for being inconvenient.
EDIT: just saw rafun's post, way better
+1 postes. Unclear why people are dissembling that...
Gosh I hope not... and if she did, I hope the medications she needs are available in this country.
Asinine post. Judge Du's poor patent judgment may be directly related to her BA undergrad. That and enough people flood into law as a "backup" along the way to becoming judges. Being a woman or minority doesn't handicap your capacity for discerning medical or statistical nuance, whereas a non-technical education could.
Knock off the nonsense please.
USPTO also properly considered Kurabayashi's lack of "differential effects between EPA and control", and could tell a row from a column.
The good news is that I know at least some of those arguments were already raised by Amarin, and like Judge Du I've only partially digested the facts on record. The even better news is we need not go as far as South did, since Kurabayashi expressly says EPA doesn't lower ApoB relative to control, and moreover actually bothered to show data supporting that conclusion. I even hear that same data made it into Judge Du's opinion!
Should be a fun appeal.
Don't many/most of SPI's factors speak to the predictability of results? Following a KSR analysis?
My understanding of law lags by a large margin my understanding of science, so any explanation here is much appreciated.
Thank you for broadcasting this, and promptly looping us in on appeals updates generally.
Let's also hope appeals opinion overturns, and further patronizes Chief Judge Du to pause and consider the multiple federal officials and agencies actually familiar with science and medicine who granted and enforced Amarin's patents in the first place. Framed within the high stakes of healthcare delivery and property rights.
Unlike pigs and milk, we can’t pour oil down the drain
I agree with bb's pt as being a valid possibility, even a deserving one. Based on Lipitor. It certainly reflects "what could have been" in the best interest of CV patients. And me.
Unfortunately for us, deserving and valid fall short of being deterministic. At this point a triple digit pps is a best case scenario in an alternate universe we almost lived in.
lol!
Your question deserves more quality than this, but here goes--overall appeals could resolve in less than a year, or take several years. Longer timelines would happen without settlement and if the appellate court keeps remanding to a judge who keeps making bad decisions (hope that doesn't happen, but...)
Dude, give it up... don't need to waste any more time on this
Unfortunately no, so you're the only one.
Her parents need to be healthy and able to staff hospitals in case you need them. If their kid was recently exposed, and shows symptoms, they need to get off their rears asap, which is what they did. Good on them. You said yourself she was the first case in Arkansas so it's not like someone else was bumped down a notch so she could be tested. FYI.
5. on the Generics trial...I was wrong
And still nothing.
My newborn son's pediatrician was still taking appointments (fortunately). She did some contingency planning with me, assuring me that they "probably" will still be able to provide vaccines (which have suddenly become uncontroversial) for his 2 month routine visit. Being slow on the uptake I asked about the uncertainty, and she explained about some covid thing and there might not be some of the current healthcare staff around, either drafted to intubate dying people if not worse. That's when my brain turned on.
I also hear N95 masks are being prioritized for healthcare professionals. Which was good to hear, not bad, because when me or a loved one (heaven forbid) needs them, they'll still be around to continue risking their lives for my sake (and there's nothing corrupt or untoward about them doing that).
I'm glad that the first case in Arkansas was promptly recognized and locked down. Hope the second one was, as well.
At that point in time, there was not many tests available here. She was 19 and she got a test. Both parents were doctors. See my point?
Worth pointing out the nature of the patent trial loss is especially confounding for Amarin and potential buyers/partners. I.e. if the judge gave a defensible legal opinion, then the post-trial strategy for Amarin and BP generally has something more predictable to work with. The magnitude and multiplicity of judge's mistakes is difficult to plan around, beyond the current appeal/settle/CVR/hostile BO discussion. A good game plan requires a somewhat stable game.
first case was from a young teenager returning from New York. She just happened to be the daughter of 2 doctors in the regional hospital, so somehow (hmmm???) she was able to quickly get tested
Who put Du in charge of oil markets??
I'd rather they sell for a good price, then enjoy retirement.
Amarin parried an absurd patent construction largely unrelated to the incorrect reading of Kurabayashi's findings. Generics' arguments regarding prescriptions per the patent claim and how to properly compare Kurabayashi experiment arms are two largely unrelated issues.
The patent claim stuff is Judge Du ruling with Amarin that a practitioner need not conduct a clinical trial before each separate patient Rx. I.e. doctors can reference the previously reported difference between treatment and control arms instead of reinventing the experiment wheel.
The Kurabayashi nonsense is Judge Du copying and pasting generics' misleading statements about statistical significance re: EPA and controls' "differential effects" on ApoB. A certain recent blog post is conflating the patent and Kurabayashi discussions, hinging it on "well they both have the same words like controls and ApoB oh golly oh gosh oh my law is about interpretation baby".
The problem with law is some lawyers and legal theories depend on disingenuous equivocations.