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Re: marjac post# 273570

Thursday, 05/14/2020 3:40:08 PM

Thursday, May 14, 2020 3:40:08 PM

Post# of 429074
The issue for me is this reasonable expectation of success. Legally speaking what is the definition of that and how does that apply to our case. I think that’s the hardest thing to grasp and the crux of the case. Essentially if effects in the Tg<500 group was enough to show a reasonable expectation of success in the TG>500 group then we r shit outa luck for that argument. I don’t think it was bc no one did it for years if it was so obvious and all TG lowering therapies increased LDL in TG>500 populations so clearly it’s not obvious the same wouldn’t have happened in our marine trial.
I think our lawyers argue it well and differentiate Tg<500 from severely elevated but the patent examiner didn’t get it neither did Du so it’s not a lock.
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