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Re: eightisenough post# 280542

Tuesday, 06/16/2020 12:47:41 PM

Tuesday, June 16, 2020 12:47:41 PM

Post# of 426566
e-

You're Incorrect-USPTO stated Vascepa obvious to not increase LDL as well. Read Du's ruling she strongly relied on it.

(a) I did not read all USPTO determinations but two of them (2-16-cv-02525-MMD-NJK - Doc 89 - Exhibit 27 & 2-16-cv-02525-MMD-NJK - Doc 262 - Exhibit 18): None of them considered LDL-C or Apo-B effect as PFO

(b) The Order:

Also, this case is unlike many other obviousness cases because, when the Patent Office issued the patents-in-suit, it maintained its finding from earlier rejections that the prior art rendered all of the claims prima facie obvious. (Ex. 1521 at 1822-35, see also id. at 1830-31.) As the examiner explained, “it was concluded that it will be obvious to treat patients having triglycerides above 500 mg/dL with 96% pure ethyl-EPA."

and

"the Examiner concluded that it would be prima facie obvious to treat patients having TG above 500 mg/dl with 96% pure ethyl-EPA"

I stand corrected ... but please cite / quote an USPTO document(s) and / or the relevant part of the Order (about USPTO PFO) that says: LDL-C and/or Apo-B effect is/are PFO acc. to the USPTO ...

Best,
G

Disclosure: I wrote this post myself, and it expresses my own opinions (IMHO). I am not receiving compensation for it.

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