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Sunday, May 17, 2020 2:14:55 PM
MontanaState83, if Mori were the only prior art reference, wouldn’t you agree that someone reading Mori could think: Hey, giving EPA to people with triglycerides above 500 mg/dcl just might, maybe, perhaps lower their triglycerides without raising their LDL-C?
If you say yes, then Mori has some evidentiary value. That value might be swamped by other evidence going the other way, but Mori is part of the prior art and has to be considered.
I see the purpose of the law as being to resolve disputes and the purpose of science as being to discover objective truth about physical reality. If the result the law obtains comports with truth about physical reality, fine. If not, well the dispute gets resolved anyway. If anyone reading this is surprised or dismayed by this view, congratulate yourself on making a wise career decision in not becoming a lawyer.
Many people posting here seem to think there is some objective truth about whether Amarin’s patent claims are obvious. There isn’t; they are obvious or not depending on what the highest court that gets its hands on those claims says. That’s how the legal system works. How could it work otherwise?
If you say yes, then Mori has some evidentiary value. That value might be swamped by other evidence going the other way, but Mori is part of the prior art and has to be considered.
I see the purpose of the law as being to resolve disputes and the purpose of science as being to discover objective truth about physical reality. If the result the law obtains comports with truth about physical reality, fine. If not, well the dispute gets resolved anyway. If anyone reading this is surprised or dismayed by this view, congratulate yourself on making a wise career decision in not becoming a lawyer.
Many people posting here seem to think there is some objective truth about whether Amarin’s patent claims are obvious. There isn’t; they are obvious or not depending on what the highest court that gets its hands on those claims says. That’s how the legal system works. How could it work otherwise?
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