Amarin Corp Plc (AMRN)

[HDGabor]

H-

Judge Du’s elimination of “unexpected benefit” from the secondary considerations for Vascepa, and as such, it’s very likely that it was also the basis for her invalidation of the patents.

I think it is 100%. The USPTO granted the patents based on “unexpected benefit” and "long felt need". She confirmed the "long felt need", found "commercial success" but decline the “unexpected benefit” … and invalidated the patents.

I see as the case come down to two thing:

(i) less relevant (but important)

the Patent Office’s examiner did not consider Kurabayashi

I did not see / find anything regarding of this. What is her basis? (She refer to (ECF No. 373 at 246-47.)

(ii) I see it as a "win or loss" point (ECF No. 367 (Id. at 737:24-738:8.))

In light of the statistically-significant differential effects reported between the EPA and control groups, a POSA would have attributed the reduction in Apo B to EPA.

It is the "only" mistake about Kurabayashi, otherwise she is factual (re this study). I see two "reason" behind it:
(a) she misread / interpreted wrongly the docs … could be lead to the win
(b) She understand the study, see EPA + e arm reduction as "obvious" but express herself wrongly … meanwhile win is still possible, less chance for overturn

Has anybody the ECF No. 367 (Id. at 737:24-738:8.)?

Best,
G