Amarin Corp Plc (AMRN)

[ggwpq]

HDG, below is the link for MARINE patent:

https://patents.google.com/patent/US8293728B2/en?oq=8293728

Under Non-Patent Citations, it listed the Kurabayashi's paper. Can we assume USPTO Examiner had at least considered Kurabayshi? So the Examiner is aware of the Kura paper and still approve the ApoB reduction patent.

However Du said "As explained above as to Defendants’ prima facie obviousness case, Mori found that EPA did not raise LDL-C levels, and Kurabayashi suggested that EPA reduced Apo B levels. (ECF No. 373 at 76-80, 246-47.) Further, while the Patent Office found that a decrease in Apo B was an unexpected benefit constituting a valid secondary consideration, the Patent Office’s examiner did not consider Kurabayashi. (Id. at 246-47.) Where “the PTO did not have all material facts before it, its considered judgment may lose significant force[.]” See i4i, 564 U.S. at 95. Thus, the Court finds that the unexpected benefits secondary consideration does not weigh in favor of finding the Asserted Claims nonobvious."