Amarin Corp Plc (AMRN)

[ziploc_1]

Montana..."courts should not make any determinations of obviousness, prima facie or otherwise, prior to considering objective indicia of nonobviousness"

The strategy of judge Du evolved in the following manner to reach her decision
ERROR 1. The USPTO did NOT consider Mori and Kura in making their decision...when they ACTUALLY DID consider both.
ERROR 2 .Mori and Kura were Prima Facie evidence of invalidity...despite errors intrinsic to both studies
ERROR 3. The USPTO initial disapproval of Amarin's patent...before their eventual approval of the patent, constituted Prima Facie evidence favoring invalidity
ERROR 4. the secondary concerns, which were positive, were weighed against a non existent negative concern to support a verdict of invalidity.