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Hawk_Driver

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Hawk_Driver

Re: None

Thursday, 04/02/2020 2:29:47 AM

Thursday, April 02, 2020 2:29:47 AM

Post# of 429479
Found a case with notable similarities to our circumstances:

https://www.finnegan.com/en/tools/in-re-cyclobenzaprine-hydrochlorine-extended-release-capsule/analysis.html

What’s particularly incredible to me is that the specific error mentioned in the Sherkow call today, burden-shifting when evaluating secondary considerations of obviousness, is explicitly mentioned in Judge Du’s pretrial order.

Google: amrn iHub cyclobenzaprine and you’ll find marjacs post and go to paragraph 234. In that paragraph it clearly cites the federal circuits rationale for overturning a district judges error for using the same erroneous methodology that Judge Du employed
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