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Re: CalMustang post# 247269

Thursday, 02/20/2020 2:06:55 PM

Thursday, February 20, 2020 2:06:55 PM

Post# of 447957
All of the obviousness arguments that the defendants are propounding are the kind that courts are supposed to be wary of -- they are the "hindsight is 20/20" type arguments. That's why the defendants wanted all the FDA correspondence with AMRN. They wanted to mine them for lines of arguments to use to reverse engineer hindsight obviousness arguments.

But Judge Du is going to be too smart for that. She has already shown that she knows very well all the precedent that warns against those arguments. It isn't what NOW appears to be "obvious" given what we learned since the relevant date. It's what was obvious back then, with no benefit of future learnings.

“The trick is in what one emphasizes. We either make ourselves miserable, or we make ourselves happy. The amount of work is the same.” Carlos Castaneda

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