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Re: amarininvestor post# 265180

Sunday, 04/12/2020 10:07:21 AM

Sunday, April 12, 2020 10:07:21 AM

Post# of 423547
That point seems to be mixed in federal court. Will depend what’s judges we get. Goal at appeal is to punch as many wholes in the case as possible and get back to the fact that there is not clear and convincing evidence to prove obviousness/invalidate our patents.

Arguments are
-The one above you spoke of in terms of improperly weighing secondary considerations.
-Improperly shifting the burden to amrn when the burden was on the defendants. Judge Du does this in her decision

Then to me the bigger issue is below
-Fact error - Kurabayashi was considered by the patent office despite Judge Du stating the opposite
-Fact error- Kurabayashi showed no stat sig bw groups with Respect to Apo B reduction despite Judge Du stating the opposite

There’s other minor arguments too but I expect the above to be the main stuff in the upcoming appeal brief we can read. Will see.
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