Amarin Corp Plc (AMRN)

[jessellivermore]

jm..

Quote: "Whats your feel on the brief so far."

I am not a lawyer..and no one should act on anything I say or post on the subject of this Appeals trial..

That said..what I glean is Judge Du did make some procedural errors..eg..shifting the burden of proof of patent invalidity from the generics to Amarin and not giving enough attention to secondary considerations..She also made some factual errors regarding her interpretation of the facts in MORI and Kur..

From what I could understand the generics briefs are now arguing Epadil and I do not know if that subject was brought up in the DC trial or how much new information; not addressed in the DC trial; can be introduced in the appeals trial..My impression was the that new information..not addressed in the Reno trial can not be used in the Appeal..

What is perplexing here is how lame the USPTO must be..Does their opinion
mean nothing???

My layman's impression is the appeal will be decided on whether Du's procedural and factual errors are enough to get her reversed or whether the generics present a strong enough case for obviousness..and that would seem to revolve around how much new information can be introduced.

":>) JL