Amarin Corp Plc (AMRN)

[HinduKush]

Megc
That is THE important legal question Megc, but rmitra and many others have stated since Du made Mori the whole and soul of her prima facie obviousness construct, it is a little churlish of the Appeals Court bench to now say, you cannot discuss a vital essential flaw in the statistical analysis that underpins everything Du says is so obvious by Mori, that even secondary considerations and objective indicia pale into insignificance?
The problem raised is a debatable legal issue of whether Covington/Amarin brought up this worrisome difficulty at any point in the trial briefs or court proceedings. We will ALL have to delve. Your last post and quote suggests they did:

552. A person of ordinary skill in the art reviewing these results would not have distinguished the LDL-C effects of EPA from those of DHA on the basis of these results. While the LDL-C increase was only statistically significant in the DHA arm, the person of ordinary skill in the art would have attributed the absence of a statistically significant increase in the EPA arm to (1) the study’s small sample size (19 patients in the EPA group and 17 patients in the DHA group) and (2) the difference in the baseline TG levels of the two groups, with the EPA group having a mean TG level 11% lower than the DHA group (2.01 mmol/L or 178 mg/dL for the EPA group versus 2.25 mmol/L or 199 mg/dL for the DHA group).

BUT the fact remains that when there are controversial (nay suspect) legal procedures employed by the District court and the outcome is hotly contentious, does it not behoove the court to confirm or deny a very serious factual FLAW in the bench order analysis without which the entire judgement falls to pieces. Sometimes when they say the Law is blind it really is but it should not be mute. Now we await the learned opinion of the judges once the Generics throw in what ever contrived counter-argument they can muster. I suspevct it will be based more on legal procedure where obfuscation obtains prominence, then on scientific empiric facts which we can observe for ourselves.
HK