Amarin Corp Plc (AMRN)

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Ok, Here’s my disclaimer “I’m not a lawyer, but I did stay at a Holiday Inn last night”.

OBVIOUSNESS: The defendants cited several trials of prior art none of which included patients in the hypertriglyceridemic patient population. At the time of the invention nothing in prior art suggested that TG lowering agents could do so without raising LDL-C. The USPTO considered all prior art and came to the same conclusion: The invention was NOT Obvious.

INFRINGEMENT (Induced): Inducement comes about when a generic filers label “encourages, recommends or promotes infringement”. The label doesn’t have to encourage all physicians. It’s sufficient that generic labels will encourage “some” physicians to infringe. Taken as a whole Physicians know that the label is meant to treat hypertriglyceridemic conditions which are chronic and require long term treatment.

The only thing “Obvious” about this case is the generics intent to “Infringe”.