Amarin Corp Plc (AMRN)

[Hamoa]

I would agree that she got Mori wrong, but then, so did the USPTO. Dismissing Mori requires full buy-in to the concept that any study that doesn’t include a hypertriglyceridemia population isn’t relevant to an obviousness consideration, and neither the USPTO or Judge Du have gone for that. So I would think it unwise to assume that the appellate panel would do so. But that wouldn’t really concern me considering the likely effect, on appeal, of correcting Judge Du’s pretty glaring procedural errors. Had Judge Du followed correct procedure and included secondary considerations before making her judgement of prima facie obviousness, she would have had to reach a different conclusion. I believe that is what the appeals court will find.