Amarin Corp Plc (AMRN)

[biowreck]

Eight...your quote

“small-NO b/c USPTO uses different method to evaluate patent. USPTO evaluates first primary consideration. Court has more lenient by analyzing primary and secondary considerations TOGETHER. “.

Your comment here said uspto evaluates first primary consideration, but you make it sound only the court can consider both primary and secondary.....well from the way I understand it, that’s not true as evidenced by the fact that the uspto did consider secondary after initial rejection based on obviousness and this granted patent because of unexpected result.

I do realize that judge du did not weigh primary and secondary at the same time as outlined by case law, nor did she shift the burden of proof to the generic regarding the secondary considerations.

Was just trying to establish clarity her.e. :)