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Re: Hamoa post# 266453

Thursday, 04/16/2020 3:49:21 AM

Thursday, April 16, 2020 3:49:21 AM

Post# of 430354
Hamoa /HDG-a most important point arising from this - we must not loose sight of the fact that the appeal court must consider - as Du should have done - each of the individual patents - amarin did not need to win on all of the patents in this litigation - just one would do - or so it is my understanding this particular patent - 677 seems to be be robustly (a JTism) protected from a finding of obviousness within the context of the evidence and the patent to which you both refer in this analysis
This issue was -split findings on the numerous patents in litigation -referred to at some length in the Jefferson interview - as I understand it it is a rarity in patent litigation for ALL ( as in this amarin case) patents to be ruled as invalid
The fact that multiple patents were in litigation here has not been deeply considered- save now by reference to 677
I suspect further detailed examination of each of the patents and what each actually assert / and how each was dealt with evidentially may throw up further fertile lines of attack for the appeal - has Du considered each patent in detail and without serious error as to findings of fact relative to each particular patent
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