Amarin Corp Plc (AMRN)

[Bouf]

The court’s findings on obviousness are based on a foundation of various subsidiary facts she found to be true, such as what the various elements of prior art would teach a POSA. Here, the foundation had to be much stronger than usual because it was the burden of the generics to show obviousness by clear and convincing proof. The foundation has to be taken apart and knocked down piece by piece until there is not enough left that a reasonable trier of fact could say the remaining evidence shows obviousness to a clear and convincing standard.