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Saturday, August 31, 2019 6:14:30 PM
Generic companies fight patents by citing invalidity by OBVIOUSNESS,ANTICIPATION, ENABLEMENT, OR INDEFINITENESS..... TEVA is in trouble financially and does not have the funds to fight patents, so they accepted payment from AMARIN for legal costs and will wait until yr 2029....BUT if the other generics win the patent case, they will also begin selling the drug....
GENERIC CASE as of today:
1. AMARIN filed motion for partial summary judgement on 08-01-2019, citing results from depositions taken from Generics concerning obviousness, enablement, anticipation,indefinitiveness .....
2. GENERICS filed motion for final summmary judgement to have AMARIN'S partial summary denied on 08-01-2019....
3. Court to provide decision on 08-30-2019 on both motions....
4. GENERICS filed new motion on 08-30-2019 to have AMARIN'S partial summary motion denied citing that they would not fight patents concerning obviousness, anticipation, indefiniteness thus making them moot ( exactly what AMARIN was looking for ).... AMARIN knew they would be fighting OBVIOUSNESS since the GENERICS brought in an expert witness to the depositions for that claim......
5. GENERICS looking for AMARIN'S patents to be invalid for OBVIOUSNESS OR NONOBVIOUSNESS .... thus they win either way ... no trial in January needed... so to speak off .... if AMARIN fights obviousness they go to nonobviousment because AMARIN didn't cite written description in their patent... but GENERICS cited numerous court cases concerning WRITTEN DESCRIPTION in patents in this new motion...
6. AMARIN will probably be given time to refute these new assertions.... hard to believe their legal team didn't know about obviousness or nonobviousness ramifications... having GENERICS only bring in one expert witness during deposition concerning OBVIOUSNESS had to raise questions....
7. Court case will go ahead in January, 2020.... GENERICS have nothing to lose....
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