Thanks JL,
I understand that, I see the appeal as an opportunity for 3 new judges to see all the record. Unclear what their final decision will be, but before we got into this nightmare, most people was giving Amarin the upper hand. Therefore once errors are considered and using all the records, we should have a new "fair" shot to a ruling. We will see if that ruling comes in our favor or not, but I believe it will be fair and not as controversial as the one from the district Court.
We as a message board community has an history of expending hours debating things (just one example, mineral oil issue and whether the FDA there to get us after the 2012 debacle in 2019....). Look JL, I would say that I did not like what occurred to us in 2012, I did not expect it and it was an error from the FDA to give us the SPA in the first place. That error was corrected too late and caused Amarin and investors a lot of harm. I believe we are in a similar situation now. Nobody expected a ruling on our patent as "obvious" ( I have doubts myself about infringement). We have a district court ruling that used erroneously Kurabayashi (and weight of secondaries) in a way that we don't think was correct. I don't think that there was ill-intend or political bias or anything behind this. I truly believe they were errors by a human being on a very complex case. Because of that, we will get a new chance at the federal court to look at the full case again by 3 PEOPLE, if they see it the same way that Judge Du (despite the issues we have uncover), then the patents are obvious. If differently, they see the issues the same way that we do, they will use the appropriate standards (weight of proof on the generics) and using the record there is a good chance that they see that the patents are not obvious as the USPTO officer did, and as the commercial success that took place after that review further supports.
