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It could be answered (as a range) but I do not think it worth the time to try to figure out a "real" number.
btw: a poster shared a valuation model for the EU / RoW
Best,
G
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It is a totally different piece, element of the case.
(To avoid any doubt: it is not a disagreement … or agreement, just a note that the current discussion / topic is totally different.)
Best,
G
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I feel (think) that any type of sales (mono / combo drug), any type of "solution" (e.g. sue the insurance co. for infringement) in / for the US, is a wishful thinking until the patent is invalid (as of "now") or no infringement exist (it is not the case now … but the appeal court could - to avoid any doubt: I do not say will … but could - overturn the DC decision).
Best,
G
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P (& HinduKush)
That letter does not exist … that was a "vision" by a poster only.
Best,
G
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Thx.
Best,
G
ps.: I am still not see a - realistic - solution how Amarin could "control" gV if they could be marketed / sold
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My current view / thinking (about the appeal only, not about how the Co. will act in the near future)
We could arguing that the USPTO and the Judge interpret study a or b or x correctly or not … these studies teach or do not anything about the claims.
It is beyond any dispute that these studies did show a statistically significant result … the conclusions were (could be) a basis of a thinking by a POSA … except one study: Kurabayashi.
The Judge rejected the “unexpected result” as:
1.) “the Patent Office’s examiner did not consider Kurabayashi”
2.) “In light of the statistically-significant differential effects reported between the EPA and control groups, a POSA would have attributed the reduction in Apo B to EPA.”
Both are wrong … the opposites are supported by facts.
1.) The Patent Office’s examiner did not CITED Kurabayashi … but it is not necessary if he considered the study as irrelevant, did not teach anything about the “Apo-B” effects. Examiners cites studies (in the Office Action) when they think (see it as) the study relevant, teach something about the claim.
Furthermore, the patents' documentations prove – without any doubt, with clear and convincing evidence – that Kurabayashi WAS CONSIDERED, the examiner was aware of the study.
2.) “The apolipoprotein B level in the eicosapentaenoic acid group was significantly lower at week 48 compared with the baseline level, but there was no significant difference between the groups.”
Kurabayashi says exactly the OPPOSITE than the Judge …
“In light of the statistically NON-significant differential effects reported between the EPA and control groups, a POSA could not have attributed the reduction in Apo B to EPA.”
Assuming that the Appeal Court will check these factual errors, Amarin has a good chance for a win … however, an additional question – for me - is still unanswered.
The Supreme Court guided (IIRC: KSR), that if no teaching, no suggestion, no etc. in the prior art, the Court has to check an additional aspect: was it “obvious to try” or not?
Could be the SS Apo-B decrease in the e+EPA arm (compared to the baseline) a basis of “obvious to try” statement / determination?
Best,
G
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Thx. I will check Hamoa's posts.
Best,
G
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Yes … and I did not say differently.
But please check the topic (the ongoing discussion): it is not about patents validity.
Best,
G
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Thx.
Best,
G
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Somebody wrote / post an analysis about "Mori" / "Judge interpretation of Mori".
Anybody know the relevant post (has a link to that)?
TIA,
G
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Thx.
Best,
G
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I stand corrected but looks like I found the answer to my own question
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I stand corrected. I did not check the status of the bill.
Best,
G
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Understood … be as detailed as the the 5th grader could understand.
The source / basic of my confusing
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I did not check … so no (factual) opinion but as a sight: agree with you.
Best,
G