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Thursday, May 28, 2020 5:52:21 AM
The first thing I learned at MIT is "Obvious" is purely subjective..Adding a bunch of terms like Objective indicia is just BS.
Quote: "Why was Judge Du apprehensive about taking Amarin's patents objectively, I wonder."..That is only your conjecture..Please speak directly and don't try to be so "cute"..
The problem with Du is somewhere along the line she dropped the mantle of impartiality and decided she was going to give the generics Amarin's property..We could speculate for days on her motivation. As far as I know we are still a country that respects private property and recognizes individual endeavor...So the question is..Has Du presented any facts or reasons why Amarin's property should be given to the generics..Or put another way..Have the generics done anything that gives them the right to Amarin's private property..
As far as patents are concerned..The only justification I could imagine that would give Amarin's rights to the generic is if Amarin was infringing on the generic's patents..And so far we have heard nothing about generic patents..
The H-W legislation needs an overhaul..Filing an article 4 (patents are invalid) claim should require clear and overwhelming evidence the patent(s) are invalid..and the burden of that proof should fall on the challenger. (the generics) and should be based on information at the level the PTO made a serious mistake..ignored a previous patent..but not because some lameo DC judge who thinks we should follow Russia's example. Thinks the patents are obvious..
If the AC affirms Du...The drug industry, the medical community and the USA are going to be hurt..Bad enough the lawyers already use clinical medicine to subsidize their existence via malpractice lawsuits (which raise the cost of medicine by 45% due to defensive medicine and settlements)..This is tacked right onto the cost of healthcare. Affirming Du is going to have a chilling effect on the whole medical research industry and will directly slow the process.
People ...Important people should be taking a serious look at this Amarin situation...
":>) JL
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