Amarin Corp Plc (AMRN)

[jomama9231]

Thanks G. So essentially Kurayabashi was not cited as reviewed by the examiner here. Three other articles were used and all easily argued by amrn and examiner agreed. Interestingly, here's what the examiner says in regards to accepting the patent. The dose mattered. This adds further evidence of non obviousness to our unexpected benefit argument and was not mentioned by Judge Du. The 4 g dose and not the 2 g dose showed the benefit in reduction of Apo B.

"The Marine Trial shows the criticality of the 4 g per day dose, as opposed to the 2 g per day dose wherein no Apo-B effect was observed, and based on the importance of lowering Apo-B in these patients, it is concluded that Applicant has effectively shown unexpected results for his invention."

IF the appeal court can re instate the unexpected benefit as being non obvious, we win the appeal period. Judge Du falsely accepted Kurayabashi as evidence (which it clearly is not) and arrived at a false conclusion regarding APo B reduction being obvious.