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Re: ak777 post# 250253

Thursday, 03/05/2020 9:08:34 PM

Thursday, March 05, 2020 9:08:34 PM

Post# of 426487
Lawyers by nature tend to be risk averse so consider this when putting into context why he never assigns a higher probability than 70% to any case.

There is always a risk with any trial. Any good trial lawyer will tell you this if he or she is honest.

That being said, I'm comforted by the high burden the generics have here in terms of the clear and convincing standard the generics must meet to invalidate the patents. That is a very high bar. Is Judge Du, who is a young judge, really going to rule to invalidate the patent, in essence saying the USPTO erred. Talk about her digging deep into the science here to try to justify such a decision. I don't see it.

Again the thing we have going in our favor is the burden the generics have to meet on obviousness.

In terms of induce infringement, I think AMRN has proved its case here.

One last point, I believe Judge Du used to a partner at McDonald Carano--the same law firm that is on Amarin's side in this dispute.

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