Amarin Corp Plc (AMRN)

[MedResCollab]

Whalatane,

As we said before, the claim to 0% DHA is a judicial exception. Maybe north40000 can explain what we mean by that in reference to those ‘146 patent claims. But more importantly, Amarin isn’t even asserting composition of matter, only methods of use.

The weakness in their method of use arguments are multi-fold, but to mention two things, 1) there is a preponderance of prior art (inherent but mostly explicit enabling disclosures) demonstrating exactly what they claim is novel and non-obvious, and are rejected under both subsect 102 and 103, and 2) they are over-applying an interpretation of their package insert. ANDA filers are not even infringing on the entirety of their representative claim, only potentially part of it.

We would happily debate north40000 here in this forum over Amarin’s patent claims if he is game.