Amarins patent case vs generics.....
Amarin Corp. filed an infringement of patent (patents) against two remaining Generics.... Amarin to present a case of validity and the Generics to defend with invalidity of patents. The invalidity of a patent can be established in four ways.... Anticipation,Enablement, Indefiniteness, Obviousness or a COMBINATION of one or more.....
Once a case has been filed with the court (case number assigned) both parties come together for discussions and file an initial report to the court concerning each parties assertions.
The next step is each party sets up depositions with expert witnesses in each of the four defined areas. This process can take months or years with continual reports submitted to the court. When both parties inform the court they are nearing completion, the judge assigned the case sets a trial date.
A final report is thus rendered to the court on specific claims that will be brought and defined for invalidity. Both parties can file motions for partial or final summary when submitting their final summaries.
In this case both parties agreed that ANTICIPATION,ENABLEMENT and INDEFINITENESS were going to be MOOT. The GENERICS filed a motion within OBVIOUSNESS/NON-OBVIOUSNESS on 08-30-2019. They defined their whole case on "WRITTEN DESCRIPTION " to prove invalidity. Amarin filed their rebuttal on 09-13-2019 to the court. AMARIN claims WRITTEN DESCRIPTION was brought between parties at initial discussions.
It would seem that the JUDGE should rule in 30 days or less, in order for both parties to have sufficient time to prepare for trial on 01-20-2019. It would also seem that the JUDGE should be able to rule on this one specific defined issue brought before the court, without a necessary trial. Depending on the ruling either party can then file an APPEAL, the next step.
I am asking any Attorney's on this board to offer their opinions on my summary or offer changes accordingly....
