Amarin Corp Plc (AMRN)

[eightisenough]

Hamo-You're missing the point: Du can survive b/c "strong showing of obviousness." She cited ZUP, LLC v.Nash Mfg., Inc., 896 F.3d 1365, 1373 (Fed. Cir. 2018) “Secondary considerations help inoculate the obviousness analysis against hindsight.” However, “a strong showing of obviousness may stand even in the face of considerable evidence of secondary considerations.” Id. at 1374 (quotation omitted).

Hence, Kurabayashi is almost IRRELEVANT, rather MORI is the key b/c she used it to show "strong" case of obviousness (read her opinion) & quoted USTPO to back her up that they also found AMRN prima facie of obviousness.

Sec. cons. won't help us if cannot overturn her "strong showing" --which is a mixture of law and fact finding.

If sec. cons. is considered and we don't negate on sec. against the other we should win w/ or w/o Kurabayashi--b/c we have 2 strong sec. cons. already.

In conclusion, you analysis is focusing too much on Kurabayashi and too less on fact Du has the USTPO ON HER SIDE!!!! to show strong obviousness. You are writing Du off too lightly.....it is not as simple as you say. Posters do not be over confident AGAIN.