Amarin Corp Plc (AMRN)

[SuppressivePerson]

Had Judge Du simply analyzed the secondary considerations without weighing them against each other like other district court decisions, she would have came to the same conclusion that the secondary considerations were not strong enough to overcome the prima facie case of obviousness. Other CAFC judges have said that the prima facie - rebuttal process is still a valid methodology and surely this is what HK/RDY will argue in their response to Amarin/Singer's appeal.

I could see the court providing guidance on secondary considerations and further clarifying the court's position as how to judge (no pun intended) secondary considerations, which could result in a reversal and remand.