Amarin Corp Plc (AMRN)

[rafunrafun]

I finished reading the brief. Wow!

Here are some of my favorite quotes:

Specifically, the Court held that the objective indicia it found present were “outweighed by the fact that the Court found” other categories of objective indicia not present... The district court did not cite any caselaw supporting this approach, because there is none.

Following the district court’s logic, Amarin would have been better off had it simply brought less evidence, because then there would have been fewer categories of objective indicia to count against those that the district court found. This cannot be the law.

Instead of requiring Defendants to show that a skilled artisan would have reasonably expected Mori’s findings to be applicable to severe hypertriglyceridemia patients, the district court improperly required Amarin to show the opposite.... This is legally improper and contrary to the burden of proof on invalidity, which always rests with the challenger.

Finally, the district court’s citation of the examiner’s initial finding of obviousness that the applicants later overcame was also legal error. ... Almost every patent ever allowed was once rejected by an examiner.

That's news to me - very interesting.

Wonder if Du has read this yet. If so, she's not having a pleasant night.