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Re: MontanaState83 post# 272502

Sunday, 05/10/2020 11:03:58 AM

Sunday, May 10, 2020 11:03:58 AM

Post# of 424518
Thanks for. posting this. Nice article and very informative. I also read the federal cases associated with it.

Overall, I continue to believe that the federal cases mentioned in the article came to a ruling that is sound to me regardless of the precedure used to weight the Graham factors [so that should be a good sign of what to expect on Amarin's case]. There is an exception thought where I am not sure what to think:

The INTERCONTINENTAL GREAT BRANDS V. KELLOGG.
Majority determined that invention was so obvious that despite overwhelming secondary considerations they ruled (agreeing with DC) that invention was obvious. I read also the dissenting opinion by Judge Reyna. I believe that Reyna makes excellent points. However my intuition (I know not a legal standard) indicate to me that the invention was just so exceedingly obvious so I am not sure that any secondary (as the majority of judges agreed, and Reyna dissented) would be sufficient to change that fact. [Thus far this is the only FC ruling that is casting in my mind some doubts about a potential negative outcome for amarin....albeit I think that amarin case is stronger]



here is the case:
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-2082.Opinion.9-5-2017.1.PDF
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