Amarin Corp Plc (AMRN)

[rosemountbomber]

"The basic problem is the rule that you can’t bring up on appeal for the first time an argument that was not raised before the trial court."

In the paper they address your concern this way:

"Furthermore, our detection of an error in the prior art does not constitute new evidence in the case that could not be considered by the Court of Appeals for the Federal Circuit. Rather, our observation constitutes a re-interpretation of evidence that was already cited multiple times in the judge’s opinion."