Amarin Corp Plc (AMRN)

[Pharmacydude]

Jas
I’m not so sure the information is that important to Amarin to suppress. Key point is at the bottom: “Defendants only seek to show that the asserted patents were issued based on factual mistakes about the prior art”

He stated “not even one Pt has TG over 500” and that was not correct. A couple probably had over 500 but max 533. Not a big deal IMO.



- “The patent examiner, in response to Amarin’s patent applications, initially found that the prior art rendered all of the claims obvious, and thus unpatentable”
- “The examiner allowed the patents to issue solely because Amarin “was able to overcome the 103 obviousness rejection” by alleging that the claimed invention has “unexpected results” and satisfies a “long unmet medical need.” Id. These are “secondary considerations,”
- “The examiner did not change his mind about the prior art until Amarin submitted a declaration by Dr. Lavin opining that “not even one patient in the [Hayashi] study would be expected to have a TG
- level of 450 mg/dl or higher.”
- “It is now beyond dispute that this was a mistaken reading of the prior art. At his deposition, Dr. Lavin admitted that [SEALED]
- “examiner accepted as true Dr. Lavin’s opinion that the prior art did not teach administering purified EPA to patients with triglycerides of at least 500 mg/dL, which the parties now agree was incorrect”
- ““a strong showing of obviousness may stand even in the face of considerable evidence of secondary considerations.”
- “Defendants only seek to show that the asserted patents were issued based on factual mistakes about the prior art”