Amarin Corp Plc (AMRN)

[Mellowmood77]

Regarding the latest motion I believe the generics are grasping at straws. The purpose of a written description is to:

“describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor had possession of the claimed invention.”

Also

“Every patent must include a written description of the invention sufficient to enable a person of ordinary skill in the art to make and use the invention.”

I believe Amarin satisfies this and claiming that it doesn’t simply because they didn’t list all known effects of E-EPA is ridiculous.

Also all the cases cited by Generics have almost no bearing on Amarin as:

1. In Regents of the University of California v Eli Lilly the case was about the university not properly describing the molecule of CDNA in it’s written description.

2. In the Ariad vs Eli Lilly case a written description wasn’t even filed and Ariad claimed it’s enabling description was enough to secure the patent.

And in the 2 others I read it had nothing to do with a company not properly listing all known effects of a drug.

I believe Amarin has a valid written description based on the 2 reasonings stated above and that a judge will see this as another BP trying to make something out of nothing in the written description.