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Re: JJPow post# 207603

Saturday, 08/10/2019 2:14:08 PM

Saturday, August 10, 2019 2:14:08 PM

Post# of 425623
Normally when a drug company sends their experts to testify about patents they are able to speak to the various types of ways the patents should be invalidated. West and Reddy's expert only spoke about the obviousness Section 103. Amarin's attorneys are asking the judge to say we win for novelty (section 102) and written description/enablement (sect. 112). It is very common that experts speak on all of these things so that when you get to trial you can bring up other arguments as the trial progresses. Because their experts did not speak about these other issues, Amarin's attorneys are asking that the judge throw out the other reasons to overturn patents. Amarin is stating they should not be blindsided in court by arguments that were not made in pre-trial discovery. You can't just have attorneys arguing these complicated matters when there are no experts speaking about them.
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