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Re: HDGabor post# 262375

Sunday, 04/05/2020 11:22:56 AM

Sunday, April 05, 2020 11:22:56 AM

Post# of 425795
You can argue whether the Kurabayashi is valid considering that EPA was not given monotherapy but in combination with estriol (lipid modifying agent), but I agree that this would require Amarin making a strong case that is unclear to be successful given the district court's decision.

I believe however that the strategy for the appeal will be strongly based on the validity of the secondaries and whether the method the judge used to weight them with each other is appropiate. They way this was done shifted in my mind that burden of proof to Amarin when it should always have been in the generic. The way I understand it now, one successful secondary would have been sufficient to uphold the patent (and we got two of them).

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