Amarin Corp Plc (AMRN)

[amarininvestor]

Eight,

My understanding is that the district court claims are all prima facie obvios but she does not claim that she find in this case that there is a strong showing of obviousness . She gives this reference saying that even in cases of strong obvioness (although I don't see her claiming that this is one of those), secondary may not be enough and give the reference of ZUP. I am not a lawyer, so would love to hear your thoughts on whether I am interpreting this correctly.

The Court thus finds that the satisfaction of long-felt need and commercial success secondary considerations weigh in Plaintiffs’ favor, and the remaining secondary considerations weigh in Defendants’ favor. More specifically, the Court finds that Vascepa is a commercial success even though it has not yet turned a profit, and that there was long felt need for a single pill that reduced TG levels without increasing LDL-C levels. However, these secondary considerations are outweighed by the fact that the Court found Plaintiffs’ other proffered secondary considerations favor Defendants. Thus, at best, Plaintiffs have presented weak evidence of the existence of secondary considerations, which do not overcome the Court’s finding that all Asserted Claims are prima facie obvious. See, e.g., ZUP, 896 F.3d at 1373 (holding that “a strong showing of obviousness may stand even in the face of considerable evidence of secondary considerations”).
For the reasons discussed above, in view of all four Graham factors (including alleged secondary considerations), Defendants have proven by clear and convincing evidence that all Asserted Claims are invalid as obvious under 35 U.S.C. § 103