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Re: marjac post# 271843

Thursday, 05/07/2020 12:38:09 PM

Thursday, May 07, 2020 12:38:09 PM

Post# of 430368
Marjac. I have been reading Eights posts and he's obviously well informed.
His central view appears to be


In fact, NONE OF US on this educated board was aware the USPTO rejected the patents b/c prima facie obviousness (later overturned it due to SECONDARY cons.-which Du disputes).

This alone is probably malpractice by management for not settling, as they knew the USPTO initially rejected the patents--they had to settle!

BTW, "clear and convincing" is a middle standard and lower than "beyond reasonable doubt". I have seen many cases were prior art was obscure and not well known etc and relied upon to reject a patent for obviousness---so it is definitely imho "a close call" and you are correct management needs to be held accountable.



Re the USPTO's original rejection of the patent b/c prima facie obviousness .......do you have any documentation from the PTO or AMRN that supports that view ?

If the patent was so weak ...why did Teva settle and if its really as weak as some surmise ...why would Hikma and Dr Reddy have settled pre trial anyway ?

This whole idea of " Amarin should have settled ". What if no offer of settlement was good enough for the Generics ?

Kiwi
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